§ 18.1205. Developer agreement.

(a)

Timing. After final plan approval and signature approval of all construction drawings and prior to the submission of the original final plat, the developer shall enter into a developer agreement with the County.

(b)

Requirements. The agreement shall:

(1)

Guarantee the construction of the shared sewage disposal facility in accordance with the approved final plan and all applicable regulations and standards of the State and the County; and

(2)

Include guarantees by the developer that shall include the following:

(i)

A performance surety in a form acceptable to the County in an amount that:

a.

Is equal to 100 percent of the estimated cost of construction;

b.

Guarantees timely and satisfactory completion of the shared sewage disposal facility; and

c.

Guarantees the operation of the facility in accordance with the developer agreement; and

(ii)

A payment surety in a form acceptable to the County in an amount that:

a.

Is equal to 50 percent of the estimated cost of construction; and

b.

Guarantees the payment of debts owed for labor and materials used in the construction of the shared sewage disposal facility; and

(iii)

A maintenance and repair surety in a form acceptable to the County and in an amount that:

a.

Is equal to 50 percent of the original amount of the performance surety; and

b.

Guarantees the developer's obligation to complete repairs to the shared sewage disposal facility and to remedy damages.

(C.B. 16, 2006, § 1)