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Last modified
2/18/2025 3:48:05 PM
Creation date
9/19/2018 3:36:22 PM
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Ordinances
Ordinance Number
2018-018
Adopted Date
09/18/2018
Agenda Item Number
10.A.1.
Ordinance Type
Land Development Regulation
State Filed Date
09\19\2018
Entity Name
Amendment No. 2
Code Number
Chapter 913
Subject
Final Plat Review and Approval Process Amendments
Codified or Exempt
Codified
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ORDINANCE 2018- 018 <br />improvements and later, at the time a certificate of completion is issued, is <br />simultaneously released as construction security and re -designated as security for <br />warranty and maintenance obligations. At the time of re -designation the amount of <br />security may be reduced if approved by the Public Works Director in coordination <br />with the Utility Services Director. Warranty and maintenance and Bill of Sale <br />obligations secured under this option shall include water and sewer improvements <br />as approved by the Utility Services Director. This security option shall be executed <br />on forms and agreements acceptable to the County Attorney and shall be subiect to <br />the construction security and maintenance security regulations of section 913.10. <br />(GH) The board of county commissioners may charge fees to process requests to extend, <br />modify, or substitute security and contracts for construction. Said fees shall be established <br />by a formal resolution of the board of county commissioners. <br />(2) Maintenance security. <br />(A) Prior to issuance of a certificate of completion for required subdivision improvements, the <br />developer shall execute either a warranty and maintenance agreement as provided in <br />subsection (B) below or an agreement to defer the warranty and maintenance agreement <br />and posting of maintenance security as provided in subsection (C) below. In conjunction <br />with the execution of a warranty and maintenance agreement, the developer and/or its <br />contractor shall provide security guaranteeing the required road and drainage <br />improvements against all defects in workmanship or materials for the period of one (1) <br />year from the date of issuance of the certificate of completion. The one-year maintenance <br />period commences at the time the certificate of completion is issued and not when the <br />final lift of asphalt is applied in the event a final lift of asphalt is secured by either an a <br />separate irrevocable letter of credit or cash escrow rather than installed. <br />(B) The warranty and maintenance agreement shall be on a form provided by the county <br />attorney's office and shall be secured by an amount equal to twenty-five (25) percent of <br />the total actual cost of the improvements covered as approved by the Public Works <br />Director and, if covering water and/or sewer improvements for a Bill of Sale, as <br />approved by the Utility Services Director. Three (3) months prior to the end of the <br />maintenance period, the project engineer shall accompany the public works department <br />on an inspection of the required project road and drainage improvements. Based on the <br />inspection, the public works department shall determine if the required road and drainage <br />improvements are properly functioning and in good repair or if deficiencies exist that <br />require correction. If deficiencies are found and are not corrected by the end of the <br />guarantee period, the Board of County Commissioners may call upon the maintenance <br />security as provided below in subsection 913.10(3). <br />Maintenance security shall be either: <br />1. Cash and a cash deposit and escrow agreement governing control and use thereof; or <br />2. An irrevocable letter of credit issued by a financial institution authorized to conduct <br />business within the state; or <br />Bold Underline: Additions to Ordinance <br />Deleted Text from Existing Ordinance <br />10 <br />
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