§ 3.20. Responsibility for improvements.

3.20.1

General. In lieu of the required improvements in a subdivision, the developer may deposit surety for the completion of such improvements with the county and present a final plat for approval.

3.20.2

Requirements. To ensure the construction and installation of required improvements, the developer shall deliver to the county a surety bond, letter of credit, or other acceptable security in such aggregate amount as is estimated by the county to be the total cost of the construction and installation of all required improvements. In addition, the developer shall, if applicable, deposit surety for road maintenance for a period of 12 months.

3.20.3

Conditions. Bonds, bank letter of credit, or other surety posted shall run to the Greene County Board of Commissioners and provide that the developer, his heirs, successors, assigns, their agents, shall comply with all applicable terms, conditions, provisions, and requirements of these and other regulations and the final plat; will faithfully perform and complete the work of constructing and installing all required improvements; that the developer shall be responsible to the county for any unnecessary expenses incurred through the failure of developer, his heirs, successors, assigns, or their agents, to complete the work of said installations and construction in an acceptable manner, and from any damages growing out of negligence in performing or failing to perform said installation and construction. If a bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Georgia. Where a bond is required for a road construction project and is to be other than a bond issued by a commercial fidelity bonding company, the surety must meet the following conditions:

a.

The surety must be posted by an individual or group of individuals.

b.

The surety or sureties must be worth at least the estimated cost of all improvements including paving the road.

c.

The bond must be accompanied by an affidavit setting forth the facts in (1) and (2) above.

d.

If there is more than one surety, all sureties shall be jointly liable and severable liable.

3.20.4

Duration and release. Bonds and surety posted pursuant to this ordinance shall be released or returned, as the case may be, at such time as the facilities guaranteed thereby have been installed and accepted. Acceptances shall be in writing accurately identifying the improvements covered. Facilities shall not be accepted unless they conform to the applicable specifications and requirements. The Greene County Board of Commissioners or building official, when applicable, shall make the decision as to whether a proposed bond, bank letter of credit, or other surety offers adequate security for the faithful completion of the required work.

3.20.5

Default procedures. If the construction or installation of any improvements of facilities for which a bond or other surety is posted is not completed within three months after substantial completion of any buildings or structures which said improvements or facilities are designed to serve, or within three years after the date of recording of final plat, whichever is sooner, or if said construction of installation is not in accordance with the applicable specifications and requirements, the county shall, using proceeds from such surety deposits, pay for such work. Such work may be done under contract or by county personnel. To the extent that any portion of a cash deposit is not required or used, said excess cash shall be repaid to the person making the deposit.

( Ord. of 8-8-2017 )