ARTICLE VII. PERFORMANCE

(1) Percent of public improvements already completed; and

(2) Rate of construction activity including the estimated completion date for each major feature (roads, sewer, water, lights, etc.) remaining to be completed.

The agent shall not permit subdivision agreement to be executed where, on the basis of the report submitted by the subdivider, it is apparent that the improvements or installations covered by said agreement cannot reasonably be expected to be completed by the deadline established therein.

(b) The issuance of residential building permits shall be directly related to the schedule for completion and acceptance by the county of all required public improvements. The agent and building official shall be satisfied that all required and necessary public improvements can reasonably be expected to be completed and accepted by the county within ninety (90) days of the issuance of a building permit for such residential structure. In no case, unless specifically authorized by other provisions of this Code or regulations promulgated pursuant thereto, may a certificate of occupancy be issued for any residential structure prior to full and final completion and acceptance by the county of all required and necessary public improvements provided, however, that this requirement shall not be construed to include the final surface treatment and acceptance of public streets by the department of transportation. The subdivider shall be required to include a clause in the contracts for sale of lots in the subdivision which discloses this requirement.