<div class="chunk-title">Sec. 4.9 - Completion and maintenance guarantees.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Completion.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               All applicants shall be required to complete all the street, sanitary sewer and storm
               drainage, sidewalks, street signs, monuments, erosion control, street lights, and
               other required improvements as approved by the Planning Director, prior to approval
               of the final plat or Certificate of Occupancy for projects not requiring a platting
               process, except as provided in Subsection (b) below concerning performance guarantees.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               All required improvements shall be inspected and approved by appropriate public officials
               or agencies.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Performance Guarantees.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               In lieu of completion of all or part of required improvements prior to approval of
               subdivision final plats or approved phased development, the applicant may post a performance
               guarantee in the amount as indicated under subsection (d) of this section for the
               construction, installation and dedication of the uncompleted portion of the required
               improvements.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Type of guarantee. The type of the guarantee shall be as provided herein.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Surety bond issued by any company authorized to do business in this State.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Letter of Credit issued by any financial institution licensed to do business in this
               State. The terms of the letter shall include the absolute right of the County Manager
               to withdraw funds from the bank forthwith upon the County Manager's certifying to
               the bank that the terms and conditions of the performance guarantee have been breached.
               The expiration date of the letter of credit shall be at least six months past the
               anticipated completion date of the required improvements.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               Other forms of guarantee that provides equivalent security to a surety bond or letter
               of credit.
               </p>
            		
            <p class="incr3">
               d)
               </p>
            		
            <p class="content4">
               No person shall have or may claim any rights under or to any performance guarantee
               provided pursuant to this subsection or in the proceeds of any such performance guarantee
               other than the following:
               </p>
            		
            <p class="incr4">
               i)
               </p>
            		
            <p class="content5">
               The local government to whom such performance guarantee is provided.
               </p>
            		
            <p class="incr4">
               ii)
               </p>
            		
            <p class="content5">
               The developer at whose request or for whose benefit such performance guarantee is
               given.
               </p>
            		
            <p class="incr4">
               iii)
               </p>
            		
            <p class="content5">
               The person or entity issuing or providing such performance guarantee at the request
               of or for the benefit of the developer.
               </p>
            		
            <p class="incr3">
               e)
               </p>
            		
            <p class="content4">
               Guarantee Time Limits
               </p>
            		
            <p class="incr2">
               (ii)
               </p>
            		
            <p class="content3">
               Extensions for performance guarantees may be granted by the Planning Director subject
               to a review of the circumstances surrounding the request for an extension and the
               record of the applicant. Property owners in the development shall be notified and
               shall be given an opportunity to comment on the request for an extension of the performance
               guarantee.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Amount and Terms of Guarantee.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The amount and terms, of the guarantee shall be as provided herein. Following receipt
               of such recommendations, the Planning Director shall review the information submitted
               as to the amount and terms of the performance guarantee, including the time of initiation
               and completion of the work; provisions concerning extensions for cause; and provisions
               for release of the guarantee upon completion of the work. If the information is complete
               and the guarantee amount is deemed satisfactory, the Planning Director shall administratively
               approve the performance guarantee package.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The guarantee shall be 1.25 times the executed construction contract amount or the
               certified cost estimate, whichever is provided. The amount of the guarantee shall
               be sufficient to provide adequate funds to the County to ensure, in the case of default,
               the installation of all required improvements uncompleted at the time of default.
               In reviewing the amount of the performance guarantee, the Planning Director shall
               consider the difficulty of restarting a closed project, the size and complexity of
               the required improvements, the record of the applicant and the site conditions.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               The Planning Director may authorize reductions in the amount of the performance guarantee
               in light of the completion of guaranteed improvements when doing so is fair and equitable
               and would not be contrary to the public interest.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               The performance guarantee shall only be used for completion of the required improvements
               and not for repairs or maintenance.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Inspections; Reports; Cost Responsibility.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Procedures for inspections and reports and the responsibility shall be as provided
               herein.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The applicant shall have a registered, licensed professional make regular inspections
               to document progress based on the required construction schedule and provide a final
               inspection report to confirm work has been completed per ordinance regulations.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Within ten days of such inspections, copies of reports of the results thereof shall
               be provided to the Planning Director.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The full cost of making such inspections and preparing such reports shall be paid
               by the applicant.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Action on Inspection Reports.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The following actions may be taken on inspection reports:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Reports indicating satisfaction of requirements. Where such reports indicate satisfactory
               completion of work within time limits set and in accord with other terms of the performance
               guarantee, for agreed-upon stages or for the entire work, the Planning Director shall
               so indicate by first class mail to the applicant, any surety company involved and
               the County Manager. The County Manager, upon such notification and any further assurance
               he may require from the County attorney or governmental bodies exercising operating
               control, shall then release the performance guarantee in accordance with the terms
               thereof.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Reports indicating failure to satisfy requirements. Where such reports indicate failure
               to complete work on schedule in full compliance with the terms of the performance
               guarantee, the Planning Director shall so indicate by first class mail to the applicant,
               governmental bodies exercising control, any surety company involved, and the County
               Manager. Such notice shall indicate that, unless action required under the terms of
               the performance guarantee is completed within 30 days of the date of such notification,
               the performance guarantee or portions thereof, set forth in its terms, shall be called.
               Unless such action is completed, as evidenced by inspections and reports from governmental
               bodies exercising control transmitted through the Planning Director, the County Manager
               shall call the performance guarantee or affected portions thereof.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Reports indicating unsatisfactory progress. Where such reports indicate that work
               initiated appears unlikely to be completed on schedule, and where the performance
               guarantee provides for extension of time for cause, the Planning Director shall notify
               the applicant by first class mail and any surety company involved concerning the potential
               need for an application for such extension. Where such notice has been given, no application
               for an extension shall be given after expiration of the original schedule date.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Failure to Complete Work Under Performance Guarantee.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Where work required under the terms of any performance guarantee given pursuant to
               this article is not completed by the applicant as specified therein, the County Manager,
               following the call of the guarantee, shall take such action as is appropriate in the
               circumstances of the case to procure the completion of the required improvements at
               the earliest reasonable time, according to the plans and specifications.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Maintenance of Land and Improvements.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The applicant shall maintain all land and required improvements offered for dedication
               in a subdivision in satisfactory condition until acceptance of the dedication.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Guarantee of Other Governmental Agency or Public Utility.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Where all or part of required subdivision improvements are to be completed by another
               government agency or public utility, the Planning Director may accept the written
               guarantee of such agency to complete such improvements within a time to be mutually
               agreed upon, with time for completion limited as provided in Section (d)(1) this section.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Building Permits and Certificates of Occupancy.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Building permits may not be issued for construction of residential structures in a
               subdivision prior to completion of required improvements unless a performance guarantee
               has been approved by the Planning Director.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Certificates of occupancy may be issued, and buildings occupied only when all of the
               following improvements are available and as further provided in Section (iii) below:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Roads and driveways shall be passable for private, service and emergency vehicles
               under normal weather conditions.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Drainage shall be installed and operative, thus ensuring that, under normal weather
               conditions, there will be no flooding of the building site or access ways to the site.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Erosion protection, acceptable under normal weather conditions, shall be installed.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Domestic water supply and sanitary sewerage shall be installed and operative.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               No such permits or certificates shall be issued unless all remaining required improvements
               are covered by a performance guarantee and the applicant accepts responsibility pending
               completion of all required improvements.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021)
               </p></div>