§ 74-242. Guarantee of quality of improvements.

Latest version.

Final acceptance of the right-of-ways and the streets located therein, the drainage and other improvements for maintenance by the county shall be in accordance with the following provisions:

(1)

The street system (includes right-of-ways, base pavement, grassing sidewalks, if any, cuts, fills, sub-grades, shoulders, storm water management, drainage, traffic signs and utilities) shall have been completed and in place for a period of one year and shall, upon inspection, following such period of time, be found to be free from defective workmanship or material and free from sinkholes or other settling or erosion and not in need of repair. The subdivider shall have the responsibility and duty to maintain and repair the street system until final acceptance by the county.

(2)

At the time the final plat is submitted for approval, the subdivider shall furnish the planning commission the following:

OWNER'S CERTIFICATE AND DEDICATION

The undersigned hereby certify that the undersigned is/are the owner(s) of and the only person(s)/entity having any right, title, or interest in the land shown on the plat of (name of subdivision), and the plat represents a correct survey of the above described property made with our consent, and that we hereby dedicate to the public the streets and street right-of-ways as shown on said plat. The easements as shown on the plat are created for the installation and maintenance of public utilities and the drainage easements as shown on the plat are for the benefit of the property owners and for the benefit of the public. We hereby represent, warrant and guarantee that there are no liens or encumbrances on the lands so dedicated.

The undersigned acknowledge and agree to maintain the dedicated lands and the improvements thereon until such dedication is accepted by the Commissioners of Banks County, Georgia, pursuant to the Subdivision Regulations of Banks County, Georgia.

Witness the hand(s) and seal(s) of the undersigned this ____________ day of ____________ / ____________ / ____________ , ____________ .

Owner(s):(if individual)	Owner(if not individual) (name of entity)
_____	_____

_____	By: _____
	Title: _____

Accepted and Approved _____ (Field Representative, Banks County)

(3)

At the time the final plat is submitted for approval, the subdivider shall furnish the planning commission the following:

CERTIFICATION OF ENGINEER

I hereby certify: (1) that I am a licensed civil engineer in the State of Georgia, (2) that I have inspected and performed such tests as I deem necessary to give this CERTIFICATION concerning the streets, including, without limitation, the base and pavement, the drainage, the utilities, and the other improvements in the (NAME OF SUBDIVISION), and (3) that the streets, including, without limitation, the base and pavement, the drainage, the utilities, and the other improvements in the (NAME OF SUBDIVISION) have been constructed and installed in a good workman-like manner and in accordance with the Subdivision Regulations of Banks County, Georgia.


(Date) _____ , ____________ .
(signature)	_____ Licensed Civil Engineer (Name and Address)
Sworn to and subscribed before me, this ____________ day of ____________ , ____________ .


_____ Notary Public Date Commission Expires: ____________ (Seal of Notary)

(4)

At the time the final plat is submitted for approval, the subdivider shall post with the county a cash bond or a performance bond or an irrevocable letter of credit or escrow deposit (collectively the "bond") approved by the field representative or the chairman of the board of commissioners (form of bond provided by Banks County and included in this section) in an amount equal to 50 percent of the total cost of the street system, (the bond shall be based upon a total cost for the street system of $300,000.00 per mile) including grading, base, pavement, drainage and utility improvement costs as shown on the final plat for the subdivision and/or as required by the Banks County Subdivision Regulations. The bond will guarantee the county that the street, drainage and utilities have been installed in a good workman-like manner, that the improvements are free from defects caused by faulty material or workmanship or otherwise, that the improvements were constructed and installed in accordance with the Banks County Subdivision Regulations, that the improvements will remain in good condition for a period of at least one year from the date the final plat is approved and that the subdivider will repair and maintain the improvements for such one year period. At the end of such one year period, if the streets have settled, or grass not growing or drainage not working or be otherwise unacceptable because of faulty workmanship or material or otherwise, the defective conditions shall be repaired at the cost of the subdivider. Upon his failure or refusal to do so within 45 days after demand is made upon him by the county planning department, then the county shall make such repairs as are reasonably necessary, and recover the cost thereof from the subdivider after recovering on the bond.

(5)

After the street system (includes right-of-ways, base pavement, grassing sidewalks, if any, cuts, fills, sub-grades, shoulders, storm water management, drainage, traffic signs and utilities) has been in place for one year from the date of the approval of the final plat for the subdivision, the street system will be inspected by the county planning department, at the request of the subdivider or as determined by the county planning department. If the street system is acceptable, the street system will be presented to the board of commissioners for acceptance into the county system. If the street system is not acceptable, the street system will not be submitted to the board of commissioners until all necessary repairs have been completed and paid for as provided in this Ordinance.

(6)

Until the board of commissioners accepts the street system by signing the acceptance form, the street system will not be repaired and maintained by the county and the repair and maintenance of the street system shall be the sole responsibility of the subdivider. The form of acceptance is as follows:

ACCEPTANCE OF PUBLIC DEDICATION

The Board of Commissioners of Banks County, at a duly called public meeting, hereby accepts the dedication of the right-of-ways for the streets and the streets therein, and the drainage for the streets all as shown on the final plat, attached hereto, of the (Name of Subdivision).

This ____________ day of ____________ , ____________ .

	Banks County, Georgia
	By: _____ Chairman,
	By: _____ Commissioner
	By: _____ Commissioner

ATTEST:

____________
Clerk of County Commissioners

(Ord. No. 2003-04, § 1, 2-11-2003)

Editor's note— Ord. No. 2003-04, § 1, adopted Feb. 11, 2003, repealed § 74-242, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 74-242 pertained to similar subject matter and derived from Res. No. 2001-32, § 1 adopted Oct. 9, 2001; and Res. No. 2001-08, § 1(810), adopted March 13, 2001.

(Irrevocable Letter of Credit sample form. Note: Letter of Credit must be on bank letterhead and signature must be notarized)

IRREVOCABLE LETTER OF CREDIT (Subdivision)

Banks County Board of Commissioners
P.O. Box 130
Homer, GA 30547

RE: (Subdivision name, Owner/Developer, Address, City, State, and Zip)

To The Chairman Of The Banks County Board Of Commissioners:

The purpose of this Irrevocable Letter of Credit is one of the following:

To provide that all construction of the street system of ____________ Subdivision (the "Subdivision") will be completed and after completion maintained for twelve (12) months according to the terms and requirements as shown on the recorded Final Plat for the Subdivision and the Subdivision Regulations in force in Banks County, Georgia; and

To provide funds for the completion and/or maintenance of the Subdivision if the Owner/Developer fails to comply with the Banks County Subdivision Regulations.

(Banking Institution hereinafter referred to as "Issuer") hereby establishes its Irrevocable Letter of Credit No. ____________ in favor of Banks County, Georgia, for the account of . (Owner/Developer) up to the aggregate amount of dollars ^* effective immediately and available by your draft(s) drawn at sight on the Issuer when accompanied by this Irrevocable Letter of Credit.

The Owner/Developer responsibilities are as follows:

All construction of the street system of the Subdivision shall be completed and after completion maintained for twelve (12) months ^** according to the terms and requirements as shown on the recorded Final Plat of the Subdivision and of the Subdivision Regulations in force in Banks County, Georgia. The sidewalks, cuts, fills, sub-grades, shoulders, pavement, grassing, storm water management facilities, and traffic signs in the Subdivision must be properly maintained and free from faults in design, materials, and workmanship as shown on the recorded Final Plat of the Subdivision and as set out in the Subdivision Regulations in force in Banks County, Georgia. The Owner/Developer must make all necessary repairs and complete all construction within forty-five (45) days from the date of written notice from the Banks County Planning Department. If the Owner/Developer fails to comply with the notice from the Banks County Planning Department, Banks County shall have the right to draw up to the aggregate amount of this Letter of Credit.

The condition of the obligation created hereunder is such that the Issuer hereby agrees that all drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if drawn and presented for payment to the Issuer's office upon the failure of Owner/developer to meet the responsibilities as outlined in the preceding paragraph. Upon full compliance, this obligation shall be void; otherwise, it shall remain in full force and effect.

This Irrevocable Letter of Credit is hereby issued on ____________ (Date) and expires on ____________ (Date, minimum 24 months from date of issuance), and the Issuer will have no more liability after that date. When the indicated expiration date falls on Sunday or a legal holiday, or for any reason the Issuer is not open for business, the expiration date shall be extended to the next succeeding business day.

IN WITNESS WHEREOF the Issuer has set its hand and affixed its seal on this ____________ day of ____________ / ____________ / ____________ , 20 ____________ .

_____ Witness	_____ Issuer(Banking Institution Name)
_____ Notary Public	By: _____ Title: _____


My commission Expires: _____ [SEAL]	_____ (Print Name Of Banking Officer)


APPROVED:

BANKS COUNTY
By: _____
Title: _____

*Fifty percent (50%) of the total cost of the street system for the Subdivision as determined by the Field Representative based upon a cost of $300,000.00 per mile of roadway.

**Twelve (12) months from the date of approval by Planning Commission of Final Subdivision Plat.

(Ord. No. 2003-04, § 1, 2-11-2003)

STATE OF GEORGIA,
COUNTY OF BANKS.

ESCROW PERFORMANCE/MAINTENANCE AGREEMENT(Subdivision)

THIS AGREEMENT made and entered into this ____________ day of ____________ , ____________ between (owner/developer, hereinafter referred to as "Owner"), the Banks County Board of Commissioners (hereinafter referred to as "Banks County"), and ____________ (Banking Institution).

WHEREAS, is owner of Subdivision known as Subdivision, (the "Subdivision") which subdivision is shown on a plat prepared by ____________ , Georgia Registered Surveyor Number ____________ , and

WHEREAS, (principal) wishes to induce the Banks County Planning Commission to approve the street system shown on the Final Plat of Subdivision for recording purposes, and

WHEREAS, (principal) wishes to induce the Board of Commissioners of Banks County, Georgia, to accept the streets shown on the Final Plat of Subdivision for public maintenance one year after the installation and construction thereof, ^**

NOW, THEREFORE BE IT RESOLVED, the parties hereto mutually agree as follows:

1. Owner agrees that all construction of the street system of ____________ Subdivision will be completed and after completion maintained for twelve (12) months according to the terms and requirements as shown on the recorded Final Plat for the Subdivision and the Subdivision Regulations in force in Banks County, Georgia.

2. Owner has deposited the sum of $ ____________ ^* with the Banking Institution, and said sum shall be held in an escrow account by the Banking Institution subject to the following terms and conditions:

(a) If either the sidewalks, cuts, fills, sub-grades, shoulders, pavement, grassing, storm water management facilities, or traffic signs in ____________ Subdivision are improperly maintained or are found to be defective from faults in design, materials, or workmanship as set shown on the recorded Final Plat of the ____________ Subdivision and as set out in the Subdivision Regulations in force in Banks County, Georgia, and the Owner does not repair the same within forty-five (45) days from the date of written notice from the Banks County Planning department, then upon written instruction from Banks County to Banking Institution, Banking Institution shall pay the sum held in escrow, or such portion thereof as is directed by Banks County, to Banks County or as Banks County may direct. Banks County may direct that disbursements to be made directly to any person, business, partnership or corporation which performs such maintenance, repairs, or construction as is necessary to comply with the Subdivision Regulations.

(b) If the sidewalks, cuts, fills, sub-grades, shoulders, pavement, grassing, storm water management facilities, and traffic signs in ____________ Subdivision are properly maintained and remain free from defects caused by faulty design material or workmanship as set out in the Subdivision Regulations in force in Banks County, Georgia for a period of twelve (12) months from the date of the completion of same or if the Owner makes all need repairs with the time period in the notice from the Banks County Planning Department, then Banks County shall direct Banking Institution to pay the funds held in escrow to Owner. No money held in escrow shall be paid out of escrow by Banking Institution without written authorization from Banks County.

IN WITNESS WHEREOF, each of the parties hereto caused this instrument to be executed by their respective and proper officers and the corporate seal of each of the parties hereby affixed, the day and year above written.

OWNER:	OWNER:


_____ Individual(Name)	_____ (Company Name)

	By: _____
	Title: _____

BANKS COUNTY, GEORGIA	_____ (Banking Institution)

By: _____
Title: _____	By: _____ Title: _____

* Fifty percent (50%) of the total cost of the street system for the Subdivision as determined by the Field Representative based upon a cost of $300,000.00 per mile of roadway.

**Twelve (12) months from the date of approval by Planning Commission of Final Subdivision Plat.

(Ord. No. 2003-04, § 1, 2-11-2003)

STATE OF GEORGIA,
COUNTY OF BANKS.

CASH BOND (Subdivision)

THIS AGREEMENT made and entered into this ____________ day of ____________ / ____________ / ____________ , ____________ , between (owner/developer, hereinafter referred to as "Owner"), the Banks County Board of Commissioners (hereinafter referred to as "Banks County"), and

WHEREAS, is owner of Subdivision known as Subdivision, (the "Subdivision") which subdivision is shown on a plat prepared by , Georgia Registered Surveyor Number ____________ / ____________ / ____________ , and

WHEREAS, (Owner) wishes to induce the Banks County Planning Commission to approve the street system shown on the Final Plat of Subdivision for recording purposes, and

WHEREAS, (Owner) wishes to induce the Board of Commissioners of Banks County, Georgia, to accept the streets shown on the Final Plat of Subdivision for public maintenance one year after the installation and construction thereof,

NOW, THEREFORE BE IT RESOLVED, the parties hereto mutually agree as follows:

1. Owner agrees that all construction of the street system of Subdivision will be completed and after completion maintained for twelve (12) months ^** according to the terms and requirements as shown on the recorded Final Plat for the Subdivision and the Subdivision Regulations in force in Banks County, Georgia.

2. Owner has deposited the sum of $ ____________ ^* with Banks County, and said sum shall be held in an account by Banks County subject to the following terms and conditions:

(a) If either the sidewalks, cuts, fills, sub-grades, shoulders, pavement, grassing, storm water management facilities, or traffic signs in ____________ Subdivision are improperly maintained or are found to be defective from faults in design, materials, or workmanship as set shown on the recorded Final Plat of the Subdivision and as set out in the Subdivision Regulations in force in Banks County, Georgia, and the Owner does not repair the same within forty-five (45) days from the date of written notice from the Banks County Planning department, then Banks County will perform (or have performed) such maintenance, repairs, or construction as is necessary to comply with the Subdivision Regulations and deduct the costs from the cash deposit.

OWNER:	OWNER:

_____ Individual(Name)	_____ (Company Name)
	By: _____
	Title: _____
BANKS COUNTY, GEORGIA


By: _____
Title: _____
Title: _____

*Fifty percent (50%) of the total cost of the street system for the Subdivision as determined by the Field Representative based upon a cost of $300,000.00 per mile of roadway.

**Twelve (12) months from the date of approval by Planning Commission of Final Subdivision Plat.

(Ord. No. 2003-04, § 1, 2-11-2003)

STATE OF GEORGIA,
COUNTY OF BANKS.

PERFORMANCE BOND (Subdivision)

KNOW ALL MEN BY THESE PRESENTS, that we, (owner/principal, hereinafter referred to as "Principal"), and (Surety), a company entitled and licensed to do business as a surety in the State of Georgia and Banks County, (hereinafter referred to as "Surety"), are held and bound unto Banks County, Georgia in the sum of $ ^* (hereinafter referred to as "bond amount") for payment of which we bind ourselves, our heirs, executors, administrators and assigns.

WHEREAS, (Principal) is owner of the Subdivision known as Subdivision, which subdivision is shown on a plat prepared by , Georgia Registered Surveyor Number ____________ , and

WHEREAS, (Principal) wishes to induce the Banks County Planning Commission to approve the street system shown on the Final Plat of Subdivision for recording purposes, and

WHEREAS, (Principal) wishes to induce the Board of Commissioners of Banks County, Georgia to accept the streets shown on the Final Plat of Subdivision for public maintenance one year after the installation and construction thereof, and (Principal) and (Surety) agree in consideration of the foregoing,

NOW, THEREFORE BE IT RESOLVED, (Principal) agrees that all construction of the street system of Subdivision will be completed and after completion maintained for twelve (12) months according to the terms and requirements as shown on the recorded Final Plat for the Subdivision and the Subdivision Regulations in force in Banks County, Georgia.

NOW, THEREFORE, (Principal), and (Surety) agree that if either the sidewalks, cuts, fills, sub-grades, shoulders, pavement, grassing, storm water management facilities, or traffic signs in Subdivision are improperly maintained or are found to be defective from faults in design, materials or workmanship as shown on the recorded Final Plat for the Subdivision, or as set out in the Subdivision Regulations in force in Banks County, Georgia, and the Principal does not repair the defective conditions and/or workmanship within forty-five (45) days from the date of written notice from the Banks County Planning Department, then upon demand from Banks County, (Surety) shall pay the bond amount to Banks County.

Terms of Guaranty:

(Principal) and (Surety) shall be bound by the provisions of this agreement until a properly authorized letter is received by (Surety) from Banks County authorizing release of (Principal) and (Surety) from this Performance Bond.

IN WITNESS WHEREOF, the undersigned have hereunto signed their names and affixed their seals, this ____________ day of ____________ / ____________ / ____________ , ____________ .

_____ PRINCIPAL (Individual)	_____ PRINCIPAL (corporate)
	By: _____ Title: _____ (corporate officer)
	SURETY

	By: _____
	Title: _____ (Authorized Representative with Power of Attorney)

	Surety's Address: _____ _____
Approved: Banks County Planning Dept.	Approved: Banks County

By: _____ (Field Representative)	By: _____ (Chairman)

*Fifty percent (50%) of the total cost of the street system for the Subdivision as determined by the Field Representative based upon a cost of $300,000.00 per mile of roadway.

**Twelve (12) months from the date of approval by Planning Commission of Final Subdivision Plat.

(Ord. No. 2003-04, § 1, 2-11-2003)

                    
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