(1) All public physical improvements required by this chapter
and shown on the approved development plan shall have been installed and approved for
conformance with the approved development plan and shall have been approved for acceptance
by the county, department of transportation, the health department, and/or any other
applicable agency or entity; or
In lieu of actual installation and approval for acceptance of
such public physical improvements, the subdivider shall, in accordance with the provisions
of article VII of this chapter, have executed an agreement and a performance guarantee to
construct such physical improvements as depicted on the approved development plan within a
specific time frame to be determined by the agent in consultation with those departments
and agencies deemed appropriate by the agent; or
A combination of the above two (2) conditions is effected.
The term "public physical improvements" as used
herein includes all improvements which are installed pursuant to a requirement by this
chapter, including such improvements which are ultimately to be owned by or the
responsibility for maintenance is to be incurred by a property owners association.
(2) The subdivider shall guarantee, in accordance with the
provisions of article VII of this chapter, the maintenance of any streets, sidewalks,
utilities, street lights, public easements and rights-of-way shown on the development plan
and final plat until such time as such facilities have been approved and accepted by the
county, department of transportation, and/or any applicable agency, authority, or district
to which ultimate dedication is intended. Maintenance shall be deemed to include
maintenance of the streets, curb, gutter, sidewalks, drainage facilities, utilities,
street lighting, landscaping, easements, rights-of-way, or other improvements, including
the correction of defects and damages and the removal of snow, ice, water, debris or
obstruction, so as to keep such facilities open and in good repair such that the full
function of their intended public purpose is preserved.
(3) The subdivider shall indemnify, protect, and save harmless
the county, its officers, agents and employees, from all losses and physical damages to
property, and bodily injury or death to any person or persons which may arise from or be
caused by the construction, maintenance, presence, or use of the streets, rights-of-way,
utilities and public easements required by and shown on the development plan and final
plat until such time as such streets, rights-of-way, utilities and public easements shall
be accepted by the county, department of transportation, and/or any applicable agency,
authority, or district to which ultimate dedication is intended.
(4) Upon satisfactory completion of the installation of the
required improvements, the subdivider shall make application for acceptance of such
improvements for operation and maintenance by the county, department of transportation,
and/or any applicable agency, authority, or district to which ultimate dedication is
intended.