§ 30-285. Default.

(a)

It is the responsibility of the developer of a subdivision to complete all the on- and off-site subdivision improvements in a manner consistent with the timelines outlined in these regulations. The developer is also responsible for providing to the county a complete set of record drawings (as-built improvement plans) of all subdivision improvements at least 90 calendar days prior to the expiration of the period of assurance approval (or as extended), to allow the county engineer sufficient time to review the improvements, and if necessary to comment on corrections.

(b)

If the developer has not completed all subdivision improvements within 24 months of the date of recordation of the subdivision final plat or as extended per these regulations, the county engineer shall recommend that the board of supervisors declare the development improvements or portion thereof to be in default of these regulations.

(c)

If the condition of materials and/or workmanship in the improvements of a subdivision show unusual depreciation upon inspection (as determined by the county engineer), or if the improvements do not comply with county or other required standards, the county engineer shall recommend that the board of supervisors declare the development improvements or portion thereof to be in default of these regulations.

(d)

If the board of supervisors declares the subdivision improvements or a portion thereof to be in default, the developer/owner shall forfeit assurances for the default. The board shall, if it has chosen not to revoke, or is prohibited (per the provisions of section 30-7) from revoking the subdivision, seize assurances in a dollar amount equal to the cost of the completion of any outstanding improvements, and/or the cost of replacing or amending any improvements which are not in compliance with the approved improvement plans, the standards and specifications required for those improvements, and the cost to the county of administering and collecting the forfeited assurances to complete the improvements. The director, thereafter, shall notify the state department of real estate of the default, as well as the bonding agent for the assurance.

( Ord. No. 2001-01 , § 4.9, 2-20-2001; Ord. No. 2004-04 , § 4.9, 12-6-2004; Ord. No. 2010-06 , § 4.9, 4-5-2010; Ord. No. 2011-07 , § 4.9, 8-1-2011)