(a) Upon completion of the
required improvements other than public roads, the subdivider shall apply to the agent, in
writing, for final inspection and approval for acceptance. After approval of the
improvements by the agent, but before acceptance or the release of any surety, the
subdivider shall enter into a maintenance agreement with the county and shall post surety
in such form as may be approved by the county attorney, in the amount of five percent (5%)
of the cost of the required improvements other than public roads or any other improvement
for which the materials or workmanship are otherwise guaranteed for a period of at least
one (1) year. Such agreement shall guarantee correction by the subdivider of any defects
in materials or workmanship in the installation of such improvements by the subdivider for
a period of one (1) year subsequent to approval and acceptance by the county.
(b) Maintenance agreements and payments for public roads
dedicated or intended for dedication to the department of transportation shall be in
accordance with the policies and regulations of the department of transportation in effect
at the time of acceptance.
(c) In the event the board has accepted the dedication of any
street for public use and such street, due to factors other than its quality of
construction, is not accepted into the state system of highways, the subdivider shall
furnish a maintenance and indemnifying agreement with surety in a form and amount
acceptable to the agent and county attorney which is sufficient for and conditioned upon
maintenance of said street until such time as it is accepted by the department of
transportation.
(d) Any best management practice utilized in the subdivision
which requires regular or periodic maintenance in order to continue its functions, shall
further have such regular or periodic maintenance ensured by the agent through a
maintenance agreement with the owner or developer, or through some other mechanism which
achieves an equivalent objective.