§ 74-240. Procedure for installation of improvements.

The administrative procedures for installing subdivision improvements required in this chapter shall be as follows:

(1)

When construction may begin. Construction and installation of any required public improvements as described in this chapter shall not begin until the board of county commissioners has given approval of the preliminary plat and application for the new subdivision. The subdivider and/or developer shall then confer with the county engineer for written approval of commencement of the construction and installation of the required improvements.

(2)

Performance guarantee. No final plat of any subdivision shall be granted approval by the planning commission or board of county commissioners until the subdivider and/or developer has satisfactorily guaranteed that improvements required under this chapter shall be installed. Such improvements shall be made within a specified period of time, not to exceed two years with an option by the board to allow one or more extensions of up to 12 months to be granted on a case-by-case basis. The guarantee shall be made in one of the following ways:

a.

A surety bond executed by a surety company licensed to do business in the state, payable to the county, in an amount sufficient to ensure completion of improvements, as determined by the planning commission;

b.

A cash deposit in an escrow account in an amount sufficient to assure completion of improvements, as determined by the planning commission;

c.

A construction loan commitment from an institutional lender may be used, provided the subdivider and/or developer and a qualified lending institution enter into an agreement with the county whereby the subdivider and/or developer is bound to complete the work, and the lender is bound to advance the funds as the work is completed, and providing for completion of the work by the county or its contractor in the event of the subdivider's and/or developer's default;

d.

Such other performance guarantee as may be approved by the board of county commissioners.

(3)

Inspections and approval. In order to facilitate inspection of required improvements during construction, the developer or his representative shall notify the county engineer at least two working days before proceeding to any stage of construction requiring county engineering approval, including:

a.

Clearing and grubbing.

b.

Rough grading completed.

c.

When excavations are ready for placing foundations and when pipe trenches are shaped and prepared for laying pipe.

d.

Once the drainage and other facilities are installed, but before backfilling occurs.

e.

Upon completion of subgrade compaction.

f.

Upon completion of base course.

g.

When placing surface pavements.

h.

Installation of sewer lines and treatment plants.

After completion of all the construction and installation of the required public improvements, the county engineer shall make final inspection. If such work has met the specifications as described in this chapter, as determined by the county engineer, the building official shall notify the subdivider and/or developer and the governing body in writing of approval or disapproval of such work.

(4)

As-built drawings. At such time as the subdivider and/or developer has completed construction of all required improvements, he shall furnish to the county engineer a set of as-built plans and profiles, prepared by a licensed land surveyor or engineer, on material designated by the county, 24 inches by 36 inches in size or, if areas to be shown do not fit on a sheet of that size, two or more drawings shall be submitted, with suitable match lines, which drawings shall show the actual location of all streets, culverts, headwalls, drains, manholes, catchbasins, sidewalks, curbs, and utilities, and all other pertinent information, such as culvert and drain grades, sewer grades, sidewalk and curb grades and elevations. If any item or element of the subdivision does not conform to those shown on the plans and profiles previously approved by the governing body, the governing body shall have the right to disapprove the release of the bond until such deficiency has been corrected. In any case, no bond shall be released by the governing body until such plans have been submitted and all construction conforms with the plans and profiles approved by the governing body.

(5)

Maintenance of completed work. The subdivider and/or developer shall maintain his completed work until official final acceptance by the governing body.

a.

If the subdivider and/or developer originally posted a performance bond covering the cost of construction, it shall be reduced to ten percent of the original bond and shall be held as a maintenance bond.

b.

If the subdivider and/or developer constructed and installed all required public improvements prior to final approval, then he shall post a maintenance bond equaling ten percent of the construction costs and shall sign a bond agreement with the governing body. Further, the developer shall maintain all completed work for a period of one calendar year from the date of acceptance by the county board.

At the end of the maintenance period, the county engineer shall make a final inspection and notify the subdivider and/or developer and the bonding company of the results of the inspection. In cases where funds are being held in escrow, the subdivider and/or developer shall make any corrections identified during the final inspection or the cost of making such corrections shall be deducted from these escrow funds, and the subdivider and/or developer charged with any costs above the amount of escrow funds. If the work is acceptable at this time, any remaining escrow funds shall be released to the subdivider and/or developer. In the event that the county shall be required to file an action to enforce the provisions of this section, and in the event that the county is the prevailing party in recovering money damages from a responsible party, the county shall be entitled to recover a reasonable attorney fee and all court costs and other costs of collection from each and every responsible party.

(Ord. No. 2013-06, § 1, 9-10-2013; Ord. No. 17-08, 9-26-2017)