Chapter 11.12 - Guarantees for Subdivision


City Code :: Elwood Town Subdivision Ordinance :: Chapter 11.12 - Guarantees for Subdivision

Chapter 11.12

Guarantees for Subdivision

Improvements, Facilities and Amenities 
 

11.12.010 Necessary Guarantees: 
 

As part of the Final Subdivision Application approval, and recording of the Final Subdivision Plat in the Office of the Box Elder County Recorder’s Office, the Land Use Authority shall require the necessary guarantees and securities sufficient to insure the installation and construction of all required subdivision improvements, facilities, services and amenities, as applicable, and as provided and required by the Public Works Standards, as adopted. 
 

An Applicant(s) for Final Subdivision Approval shall guarantee the installation of all required subdivision improvements, facilities, services, and amenities, as applicable, by one (1) of the following methods: 
 

  1. The Applicant(s) shall furnish and file with the Town Recorder a bond with corporate surety in an amount equal to the cost of the required subdivision improvements, as estimated by the Town Engineer, plus an additional ten percent (10%), to assure the installation of such subdivision improvements, facilities, services, and amenities within a two (2) year period, which bond shall be approved by the City Attorney and shall be filed with the City Recorder.
 
  1. The Applicant(s) shall deposit in escrow with an escrow holder approved by the Town Attorney an amount of money equal to the cost of the subdivision improvements, as estimated by the Town Engineer, plus an additional ten percent (10%), to assure the installation of such subdivision improvements within a two (2) year period from the approval of the Final Subdivision Application, which escrow agreement shall be approved by the Town Attorney and shall be filed with the Town Recorder.
 
  1. The Applicant(s) shall furnish and file with the Town Recorder a letter of credit in an amount equal to the cost of the subdivision improvements, estimated by the Town Engineer, plus an additional ten percent (10%), to assure the installation of such subdivision improvements within a two (2) year period immediately following the approval of the Final Subdivision Application, which letter of credit shall be approved by the Town Attorney and shall be filed with the Town Recorder.
 
  1. Phased Development: Whenever a subdivision is developed a portion at a time, such development shall be in an orderly manner and in such a way that the required subdivision improvements will be continuous and all required subdivision improvements will be made available for the full protection of the health, welfare, and safety of all residents of the subdivision, and the Town.
 

11.12.020 Inspection of Subdivision Improvements: 
 

The Town Engineer shall inspect, or cause to be inspected, all required subdivision improvements in the course of construction, installation, or repair. No excavations for the installation of any subdivision improvements shall be covered or backfilled until such installation shall have been approved by the Town Engineer. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the Applicant(s) by the Town Engineer.

 
 

11.12.030 Condition of Subdivision Improvements – Guarantee Period: 
 

The Applicant(s) shall warrant and guarantee the subdivision improvements provided for herein and every part thereof, will remain in good condition for a minimum period of two (2) years, after the Town Engineer has accepted the subdivision improvements in writing, and the Applicant(s) agrees to make all repairs to and maintain the subdivision improvements and every part thereof in good working condition during the guarantee period with no cost to the Town. 
 

11.12.040 Default: 
 

In the event the Applicant(s) defaults, or fails or neglects to satisfactorily install the required subdivision improvements within two (2) years from the date of Final Subdivision Application approval, the Council may declare the guarantee to be in default, and may require the installation of all required subdivision improvements using the guarantee amounts for such installation of subdivision improvements.