Article V – Bonding, Improvement Guarantees, and Certifications of Improvements.
CHAPTER 54 – SUBDIVISION ORDINANCE
Sec. 54-55. – Bonds and Guarantees; Generally.
Any subdivider who does not complete all improvements required pursuant to an approved plan, prior to approval of the corresponding record plat, shall enter into an agreement with the County regarding completion of said improvements. The agreement shall specify the improvements needed and a timeframe for completion agreed to by the parties. The agreement shall be accompanied by a bond to guarantee completion of the improvements.
- The agreement and amendments thereto shall be subject to approval by the County Attorney;
- The bond may be in the form of cash, a certified check, a performance bond, letter of credit, or other collaterally-assigned funds acceptable to the County attorney in an amount sufficient to cover construction of all improvements. Any such bond must be issued by a company licensed to transact business in the Commonwealth of Virginia;
- An itemized bond estimate shall be provided by the subdivider, subject to approval by the County, based on current unit prices, and which shall include a reasonable contingency allowance for inflation, administrative costs, and other unforeseen items which shall not exceed twenty-five percent (25%) of the estimated construction costs. Said estimate shall be prepared by a licensed professional or contractor who is knowledgeable of the project.
- The County may call the funds guaranteed by the bond if the subdivider fails to renew the bond in a timely manner (if applicable), if the Subdivision Agent determines that the improvements plan has not been diligently pursued, or if completion of the improvements is necessary to protect the public health, safety, or general welfare.
Sec. 54-56. – Public Road Bonds.
For plats whereby one or more roads have been dedicated to public use, in addition to any other required bonds, the County shall accept a bond dedicated solely to the construction and maintenance of said road(s) and related right-of-way improvements, along with a contingency amount of ten percent (10%). Any such bond must be issued by a company licensed to transact business in the Commonwealth of Virginia. The County shall retain this bond until VDOT has inspected and/or has been furnished a report confirming that the road construction meets VDOT requirements. Only after this may a bond reduction be granted, provided that a portion of the bond is retained in amount sufficient to cover projected maintenance of the road(s) for a period of time satisfactory to the County and to VDOT. At no point shall this bond be released until the necessary maintenance bonds have been posted with VDOT as required as part of the road acceptance process.
Sec. 54-57. – Certification of Improvements.
The Subdivision Agent may confirm installation of a private road for the purposes of verifying adequate completion prior to bond release, or at his/her discretion may require a certificate of completion to be provided by a licensed engineer or land surveyor. For all other improvements, the Subdivision Agent shall rely on written confirmation of acceptance of the improvements by the agency or entity responsible for maintenance (if applicable), or on a certificate of completion by a licensed engineer or land surveyor.
Sec. 54-58. – Inspections of Improvements.
The application for preliminary and/or record plat review shall constitute consent by the subdivider to all County officers, public utility providers, and state agencies responsible for permitting and approving improvements required pursuant to this Ordinance to enter upon the property at all reasonable times for the purpose of conducting periodic inspections. This consent shall expire upon completion and acceptance of all required improvements and upon release of any bond(s).
Sec. 54-59. – Bond Reductions and Releases.
Procedures and requirements for the periodic partial reductions and complete release of any bond accepted pursuant to this Ordinance shall be in accordance with § 15.2-2245 of the Code of Virginia.
Sec. 54-60 – 54-65. – Reserved.