Inspection Required.
During the preparation of land and the installation of general improvements, periodic inspections may be made by the Administrator to ensure conformity with the SLDC, all conditions and mitigation requirements in the development order approving the final plat, the development and subdivision improvement agreements, and the specifications and standards of the approved construction plans. Other appropriate governmental agencies and public and private utilities may make inspections at any time during the progress of work. All improvements required by this Chapter shall be inspected prior to acceptance by the Administrator. Where inspections are made by governmental agencies and public and private utilities or agencies other than the Administrator, the applicant shall provide a written report of each inspection to the Administrator.
Inspection Schedule.
The applicant shall notify the Administrator of the commencement of construction of improvements not less than twenty-four (24) hours prior thereto. Inspections are required at each of the following stages of construction or as otherwise determined in the development and subdivision improvement agreements:
Site grading/erosion control and stormwater management completion;
Prior to permanent burial of underground utility or other public improvement installations;
Prior to aggregate base installation;
Prior to curb and gutter or swale installation;
Prior to binder placing; and
Prior to final porous material surfacing prior to seal coat.
Compliance with Standards.
The applicant and any third party construction contractor engaged by the applicant shall bear joint and several liability and responsibility for the installation and construction of all required improvements according to the provisions of the development order approving the final plat, the development and subdivision improvement agreements, the sustainable design and construction standards of the SLDC, and the applicable standards and specifications of other governmental entities.
Acceptance of Land and Improvements.
Approval of the installation and construction of improvements shall not constitute acceptance by the County of the improvements or offers of dedication. The installation of improvements in any subdivision shall in no case serve to bind the County to accept such improvements for maintenance, repair, or operation thereof. Such acceptance shall be subject to the requirements of the SLDC and applicable statutes concerning the acceptance of each type of improvement and any offer of dedication, deed or easement. Subdivision approval does not impose on the County any duty regarding operation, maintenance or improvement of any dedicated lands or improvements parts until the Board adopts a resolution or ordinance formally accepting the dedication. Denial of subdivision approval shall be considered a refusal by the Board to accept a dedication indicated on the plat.
The County shall not have title to or responsibility for any improvements until the improvements have been accepted as provided in this Subsection.
When improvements have been constructed in accordance with the standards and requirements of the SLDC, the conditions of approval in the final plat development order, the adopted development and subdivision improvement agreements, and approved as-built plans, the Administrator shall place the acceptance of the improvements and land dedications on the regular agenda of the Board, which may accept, reject or accept with conditions the dedication of the land and improvements.
The provisions in
§ 5.1041 shall not relieve the applicant or the applicant’s contractor of any responsibility for notifying the Administrator or other governmental entity, public or private utility, school, assessment or public improvement district of the completed work accompanied by a formal request for inspection of same, prior to acceptance. The Administrator and other approving authorities having jurisdiction shall inspect and approve all completed work prior to the release of any escrow funds, payment and performance bonds, letters of credit or other sureties.
Site Cleanup.
The applicant and applicant’s contractor shall be responsible for removal of all equipment, material, stockpiles of dirt or construction materials, and general construction debris from the subdivision and from any lot, road, public way, or property therein or adjacent thereto. Dumping of such debris into sewers, onto adjacent property, or onto other land in the County is prohibited and unlawful.
Failure to Complete Improvements.
If the applicant or the applicant’s contractor fails to install and construct the public improvements pursuant to the terms and conditions of the final development order, the construction plans and the development and subdivision improvement agreements, the Administrator shall:
Declare the agreements and final plat approval to be in default and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreements are declared to be in default;
Obtain the escrow funds deposited for security, enforce the performance and payment surety bond or letter of credit and complete the public improvements by the County or through a third party contractor;
Assign the County’s right to receive funds pursuant to the deposit of escrow funds, any performance and payment bond or letter of credit, in whole or in part to any third party, in exchange for an agreement of the third party to provide a new performance and payment bond, escrow funds or a letter of credit in sufficient amount to complete the required public improvements; or
Exercise any other rights available under the SLDC, the voluntary development agreement, the subdivision improvement agreement and state law.
