§ 30-280. General requirements.

All forms of assurance are subject to the following requirements:

(1)

All types of assurances shall be satisfactory to the county attorney as to form.

(2)

Performance bonds shall be confirmed to be in effect by the county risk management.

(3)

All subdivision assurances complying with subsections (1) and (2) of this section shall be executed and in effect prior to the date of board of supervisors approval of the final plat for which improvements are assured.

(4)

One assurances form shall be posted for each subdivision phase separately, or for the subdivision in its entirety if no phasing is proposed. Subphasing of a phase is not allowed. Therefore, multiple assurances are not allowed to be posted for one phase.

(5)

All subdivision improvements shall be completed within 24 months of the recordation of the final plat, or as extended pursuant to these provisions. The duration of all assurances shall cover a period beginning prior to the date of board of supervisors approval of the final plat, and ending not less than 30 months after the recordation of the final plat. The period of duration shall be incorporated into all documents constituting the assurance.

(6)

Extensions of time. Extensions of time for the completion of subdivision improvements may be considered by the county under the following circumstances:

a.

The developer, prior to the second anniversary date of the recordation of the final plat, must submit a written request for an extension of time to the county engineer with a copy to the director. The extension request shall include a revised engineer's cost estimate for all improvements that remain incomplete and/or all improvements for which as-built (record) drawings have not been approved by the county engineer.

b.

The developer shall provide such documentation necessary to justify an extension of time within which the developer must complete the subdivision improvements and proof of the extension of the assurances.

c.

The county engineer may forward a recommendation of approval or denial of the request to the director.

d.

The county engineer shall provide a written determination as to whether extension is granted to the applicant, project engineer and agent (if any), and a copy of the determination to the director.

e.

If the extension is granted, it will be in two year increments from the anniversary date of the recordation of the final plat or from the previously approved extended deadline and shall not require the consideration of the board of supervisors, except as provided in this section. The total extensions of time which may be granted for a project will be determined on a case-by-case basis by the county engineer.

f.

If the extension request is denied, the request shall automatically be appealed to the board of supervisors. The board, in their consideration of the appealed extension request, may approve or deny the request.

g.

If at the end of the term of that extension, improvements are not completed, or the developer needs additional time to submit or process record drawings, or testing results, as may be required by the county engineer to demonstrate the completion of the improvements, the developer shall automatically have an additional "cure period" of 60 calendar days, beginning immediately upon the expiration of the extension, within which to resolve all remaining improvement/assurance matters to the satisfaction of the county, in an effort to avoid having their assurance declared in default of these regulations.

h.

If at the end of the cure period the subdivision improvements are not completed as required by these regulations, the director shall recommend that the board of supervisors declare the assurance for these improvements to be in default, per the provisions of these regulations.

i.

When an extension of time is granted for the completion of subdivision improvements, it is the responsibility of the developer to ensure that the assurance is renewed by the issuing entity, prior to requesting an extension by the county, for a term covering at least six months past the county-extended period of approval. The developer shall provide evidence of this renewal to the county.

(7)

The board of supervisors, after receiving recommendation for approval from the county attorney and director, may, at any time during the effective duration of the assurance, accept a different form of assurance as a replacement for an existing assurance held by the county. Any such proposed amendment must be approved by the board of supervisors, and subject to all restrictions of these regulations. This subsection does not apply to substitution of assurances (partial releases of assurances) outlined in section 30-283.

(8)

All forms of assurance shall guarantee to the county a dollar amount equal to or exceeding the county engineer-approved cost estimate of all on-site and off-site subdivision improvements, to ensure the completion of those improvements in the event of developer default. All assurances (except the property escrow trust agreement) shall, in addition to the approved cost estimate amount, include a contingency amount not less than 15 percent of the total cost estimate.

(9)

Regardless of the assurance form used, the county shall in all cases retain the right to determine developer default.

(10)

If a change of ownership occurs due to foreclosure, the new property owner is required to submit a valid assurance within 30 calendar days from the date of the recorded deed. If the new property owner fails to submit a valid assurance, the county may determine the developer (the new owner) to be in default and proceed with section 30-285.

( Ord. No. 2001-01 , § 4.4, 2-20-2001; Ord. No. 2004-04 , § 4.4, 12-6-2004; Ord. No. 2010-06 , § 4.4, 4-5-2010; Ord. No. 2011-07 , § 4.4, 8-1-2011; Ord. No. 2012-01 , § 4.4, 4-2-2012)