§ 14.08.00. Guarantees and Sureties.

A.

Applicability.

1.

Development Orders approved by Lake County often contain requirements for the construction of infrastructure, the installation of landscaping, or other required improvements to be constructed by a developer in connection with the approved development. In some instances, it is acceptable to delay the construction of infrastructure, the installation of landscaping, or the construction of other required improvements. The purpose of this Section is to provide a mechanism for such delay, while at the same time providing a guarantee to Lake County that such infrastructure, landscaping, or other improvements will be provided.

2.

The provisions of this Section apply to all proposed developments in Lake County, including private road subdivisions.

3.

Nothing in this Section Shall be construed as relieving a developer of any requirement relating to concurrency in the Comprehensive Plan or Chapter V, Land Development Regulations.

B.

Developer's Agreements Required Where a Plat is Recorded Prior to Completion of Infrastructure. The approval of any final plat prior to the completion of the infrastructure Shall be subject to the developer providing assurance that all required improvements, including, but not limited to storm drainage facilities, streets and highways, water and sewer lines, wetlands mitigation, uplands mitigation, landscape requirements, and replacement trees Shall be satisfactory constructed according to the approved construction plans. The following information Shall be provided:

1.

Agreement that all improvements, whether required by these regulations or constructed at the developer's option, Shall be constructed in accordance with the standards and provisions of these regulations.

2.

The term of the agreement indicating that all required improvements Shall be satisfactorily constructed within the period stipulated. The term Shall not exceed two (2) years from the recording of the plat.

3.

The projected total cost for each improvement. Cost for construction Shall be determined by either an estimate prepared and provided by the applicant's engineer or a copy of the executed construction contract.

4.

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

5.

Agreement that upon failure of the applicant to make the required improvements (or to cause them to be made) according to the schedule for making those improvements, the County Shall utilize the security provided in connection with the agreement to ensure performance.

6.

Provision of the amount and type of security provided to ensure performance.

C.

Developer's Agreements Required to Delay Construction of Sidewalks. In the case of a single-family residential subdivision where sidewalks, other than common area sidewalks, are required, a Developer may elect to delay construction of the sidewalks which would be in front of the single-family residences. The approval of this delay Shall be subject to the developer providing assurance that such sidewalks will be satisfactorily constructed according to the approved construction plans. The following information Shall be provided:

1.

Agreement that the sidewalks Shall be constructed in accordance with the standards and provisions of these regulations.

2.

The term of the agreement indicating that all sidewalks Shall be satisfactorily constructed within the period stipulated. The term Shall not exceed four (4) years from the recording of the final plat, with the condition that no single family dwelling Shall be given a certificate of occupancy until and unless the required sidewalk is constructed along the entire frontage of such single family lot.

3.

The projected total cost for such sidewalk. Cost for construction Shall be determined by an estimate prepared and provided by the applicant's engineer.

4.

Agreement that upon failure of the applicant to construct such sidewalks according to the schedule for making those improvements, the County Shall utilize the security provided in connection with the agreement to make the improvements.

5.

Provision of the amount and type of security provided to ensure performance.

D.

Developer's Agreements Required to Delay Installation of Required Landscaping.

1.

In the case of a single-family residential subdivision where landscaping, other than common area landscaping, is required, a Developer may elect to delay installation of the landscaping, which would be on or in front of the single-family lots. The approval of this delay Shall be subject to the developer providing assurance that such landscaping will be satisfactorily installed according to the approved construction plans. The following information Shall be provided:

a.

Agreement that the landscaping Shall be installed in accordance with the standards and provisions of these regulations.

b.

The term of the agreement indicating that such landscaping Shall be satisfactorily constructed within the period stipulated. The term Shall not exceed four (4) years from the date of recording of the plat, except that landscaping required on a lot other than street trees or adjacent zoning district buffers may be delayed until such lot requests a certificate of occupancy. No certificate of occupancy for a lot Shall be issued unless all landscape requirements for that lot have been installed.

c.

The projected total cost for such landscaping. Cost for landscaping Shall be determined by an estimate prepared and provided by the applicant's landscape architect.

d.

Agreement that upon failure of the applicant to install such landscaping according to the schedule for making those improvements, the County Shall utilize the security provided in connection with the agreement to make the improvements.

e.

Provision of the amount and type of security provided to ensure performance.

2.

In the case of a site plan approval for a commercial, institutional, community facility, industrial, condominium, recreational vehicle parks, or multifamily sites, where such site plan includes the approval of parcels or multiple building sites, where landscaping will be required for each building site, a developer may elect to delay installation of the landscaping which would be on each individual building site until a site plan and building permit are issued for such site. A developer will not be allowed to delay any adjacent property buffering, public roadway buffering, or buffering which will be provided on any common area. The approval of this delay Shall be subject to the developer providing assurance that such landscaping will be satisfactorily installed according to the approved construction plans. The following information Shall be provided:

a.

Agreement that the landscaping Shall be installed in accordance with the standards and provisions of these regulations.

b.

The term of the agreement indicating that such landscaping Shall be satisfactorily constructed at the time a site plan and building permit is issued for such site.

E.

Amount and Type of Security.

1.

Security requirements may be met by but are not limited to the following:

a.

Cash, certified check or cashiers check.

b.

Irrevocable Letters of Credit.

c.

Surety Bond.

2.

The amount of security Shall be one hundred and ten (110) percent of the total construction costs for the required developer installed improvements, including, but not limited to storm and drainage facilities, streets and highways, water and sewer lines, wetlands mitigation, uplands mitigation and landscaping requirements.

F.

Completion of Improvements. When improvements are completed, final inspection Shall be conducted and corrections, if any, Shall be completed before final acceptance is recommended by the County Manager or designee to the Board of County Commissioners. A recommendation for final acceptance to the Board of County Commissioners Shall be made upon receipt of a certification of project completion by the project engineer including sealed as-built plans and one (1) copy of all test results.

G.

Maintenance of Improvements.

1.

A maintenance agreement and security Shall be provided by every developer for those projects dedicating property to the public to assure the County that all required improvements Shall be maintained by the developer according to the following requirements:

a.

The period of maintenance Shall be a minimum of two (2) years or as otherwise set out in other parts of these regulations.

b.

The maintenance period Shall begin with the acceptance by the County of the construction of the improvements.

c.

The security Shall be in the amount of ten (10) percent of the entire construction contract amount which includes all costs of the improvements. Prior to the conclusion of the two (2) year maintenance period, the work will be inspected by the County. Deficiencies Shall be corrected by the developer/owner. Should the developer/owner fail to make corrections prior to the expiration of the maintenance bond, the County Shall make corrections utilizing funds from the bond.

d.

If the developer enters into an agreement for sidewalks as specified above, the developer Shall provide a maintenance bond for sidewalk infrastructure at the time of the agreement. The bond Shall be for a period not to exceed six (6) years from the date of the agreement or two (2) years from the date that all sidewalks are completed, whichever occurs first.

2.

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the County a legal entity Shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements. No development order Shall be issued for a development for which an owner's association is required until the documents establishing such association have been reviewed and approved by the County Manager or designee.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2009-62, § 13, 12-1-09)