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Last modified
9/19/2018 3:36:42 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 />(B) The contract shall be on a form provided by the county and shall obligate the developer <br />to complete all "bondable" required improvements and all other improvements shown on <br />the land development permit (unless the improvement is shown on the land development <br />permit as not required and optional) in accordance with the land development permit, the <br />-approved plans and specifications, and county development regulations and standards, <br />within a period of one (1) year from the date of final plat approval. Sidewalks may be <br />bonded -out for multiple years in accordance with subdivision ordinance section <br />913.09(5). <br />(C) The estimated total cost of improvements remaining to be constructed shall include <br />survey, engineering and construction costs and shall be approved by the eeuaty engine <br />Public Works Director after review of an itemized cost estimate prepared and certified <br />by the developer's engineer, or an actual contract price or portion thereof for the work <br />remaining, if available. <br />(D) The security posted to guarantee performance of the contract shall expire, if at all, no less <br />than ninety (90) days beyond the last date for performance established by the contract, or <br />any extension thereof. The security shall run in favor of the board of county <br />commissioners, must be in a form acceptable to the county attorney, and may 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). <br />(E) For good cause shown, the board of county commissioners may in its discretion grant one <br />(1) or more extensions of time for performance of any contract for required <br />improvements, provided the security supporting such contract remains valid for the <br />required ninety -day period following the newly extended time for performance. <br />(F) No certificate of occupancy for residential occupancy for any structure within a <br />subdivision shall be issued until a certificate of completion has been issued for all required <br />improvements, including required buffers, of the subdivision serving the residence, with <br />the exception of sidewalks fronting lots rather than common areas, and any final lift of <br />asphalt in excess of the amount required by county development regulations as of the date <br />of issuance of the land development permit for the subdivision. Prior to issuance of a <br />certificate of completion, the required code minimum layer of asphalt must be in place or <br />the developer shall provide to the county either an irrevocable letter of credit or cash <br />escrow in the amount of one hundred twenty-five (125) percent of the estimated cost of <br />the final lift including striping and resetting survey PCPs, as certified by the developer's <br />engineer and approved by the eounty engineer- Public Works Director. Security for a <br />final lift of asphalt shall be by contract for construction of final lift of asphalt and either <br />an irrevocable letter of credit or cash deposit and escrow agreement. The final lift of <br />asphalt must be installed prior to two (2) years from project's certificate of completion; <br />prior to issuance of a certificate of occupancy for the last residence within the subdivision <br />(or a separately platted phase of a subdivision); or sixty (60) days prior to turnover to a <br />homeowners' association, whichever occurs first. <br />(G) As a voluntary option for posting security, a developer may post a letter of credit <br />that initially secures a contract for construction of remaining required <br />Bold Underline: Additions to Ordinance <br />Strike thfoug]} Deleted Text from Existing Ordinance <br />6 <br />
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