§ 110-54. Maintenance bond.  


Latest version.
  • A maintenance bond, cash bond, or other equivalent form of security as approved by the county attorney, running in favor of the county, in a minimum amount of $5,000.00 or any amount equal to at least ten percent of the actual construction improvement total cost, whichever is greater, shall be posted with the county by all subdividers or persons where street or other improvements are made and offered to the county for acceptance and maintenance except as noted in this section. Twenty-five percent of the actual construction improvement total cost or $5,000.00, whichever is greater, shall be posted with the county by all subdividers or persons where street or other improvements are made requiring bridges, box culverts, or pipes with diameters equal to or exceeding 48 inches, and offered to the county for acceptance and maintenance. The maintenance bond, cash bond or other equivalent form of security shall guarantee all improvements against defects in design, material and workmanship and further guarantee that all such improvements shall be maintained in first class condition for the required period and faithful performance by the subdivider or other person of all provisions of this chapter.

    (1)

    Any bond, except cash bond or other equivalent form of approved security shall be on forms supplied by the county and shall not be terminated or otherwise allowed to expire without at least 30 days' prior written notice to that effect to both the county and the subdivider or person. Such bond, cash bond or other equivalent form of approved security along with evidence of payment of the required premiums shall be filed with the county.

    (2)

    Such bond, cash bond or other equivalent form of security shall be posted prior to commencement of the maintenance period and following installation of the improvements and inspection and approval by the county of the method of installation. No final plat shall be approved or recorded by the county and no lots shall be sold by the subdivider until and unless a satisfactory bond is posted.

    (3)

    Separate bonds required by this section shall be required for each subdivision unit, phase or like entity approved by the county pursuant to this chapter.

(Ord. of 9-24-74, art. V(5.12); Ord. of 8-11-88, § 4; Ord. of 9-25-90; Amd. of 2-23-16)