5. GUARANTEE OF INSTALLATION AGREEMENTS AND SURETY
5.1. General: In order to ensure the development of essential improvements made necessary by private development required to maintain public welfare, health and safety and to secure the taxpayers of Boundary County from unfair burden, a guarantee of installation agreement and surety may be required of the applicant or developer as a condition of approval for any application process established herein that is subject to public hearing.
5.2. Guarantee may be Imposed: When the deciding body establishes terms or specific standards for necessary improvements as a condition of approval to any development permit application subject to public hearing, and determines that completion of those improvements are essential to public welfare, safety or health, a guarantee of installation may also be required as a further condition of approval.
5.3. Form of Guarantee: A guarantee of installation will consist of a detailed description, prepared by the applicant or developer, of the improvements required, the minimum standards to which they will be built, the cost of the improvements to be performed, established by a qualified and independent authority, a timeline of development, to include expected completion date, and surety in the form of a cash deposit, cash bond, corporate surety bond or irrevocable letter of credit in favor of Boundary County in an amount set by the board of county commissioners but not less than 150-percent of the total cost estimated, or in such other form as expressly approved by the Board of County Commissioners.
5.4.1. The board of county commissioners has sole authority to order, enter into and approve a guarantee of installation. If the planning and zoning commission is the deciding body of an application and deems that a guarantee of installation is a necessary condition of approval, decision authority will be deferred to the board of county commissioners and a recommendation, to include the proposed terms of the guarantee of installation, will be forwarded. County commissioners will hold public hearing on the application and may impose the requirement of a guarantee of installation as a condition of approval, specifying the terms, specifications, conditions, duration and amount of the guarantee. In the event a guarantee of installation is required, no final permit will be issued until the guarantee of installation agreement is signed by both parties and surety conveyed to Boundary County.
5.4.2. The board of county commissioners will maintain all records and documentation related to guarantees of installation and will carry out the tasks necessary for administration of the guarantee.
5.5. Release of Surety: Upon certification of completion of improvements by the developer, as provided for in the guarantee of installation agreement, the board of county commissioners shall schedule time on their regular agenda to meet with the applicant or developer to initiate the county’s release of surety. In anticipation of release, the board of county commissioners may request on-site inspection of improvements by competent authority to verify that improvements made meet or exceed agreement standards. Based on information provided, the board of county commissioners may, by motion and majority vote:
5.5.1. Release surety.
5.5.2. Table the request pending an on-site inspection of improvements by the board or their designated representative.
5.5.3. Table the release of surety for a period not to exceed one year from date of completion to insure that improvements will not require immediate repair at county expense.
5.5.4. Deny release of surety for cause and either grant the applicant an extension of time during which to complete installation or assume surety and complete installation as established at 5.6, below.
5.6. Extension of Guarantee of Installation Agreement: In the event a developer has made a good-faith effort to meet the terms of a guarantee of installation agreement but, through reasons outside their control is unable to complete the improvements within the time established, the developer may, not later than 90-days before the guarantee of installation agreement is due to expire, request an extension so as to avoid forfeiture of surety. Such requests will be made in writing to the board of county commissioners and shall state the reasons for the extension request, the level of work accomplished to date, and a detailed description, including a new timeline, of the work remaining. Commissioners may approve a request for extension of a guarantee of installation agreement by simple majority vote.
5.7. Forfeiture of Surety: If improvements assured by surety have not been completed to standards and specifications established in the guarantee of installation agreement at the conclusion of the time established, the board of county commissioners may initiate proceedings to forfeit the applicant’s surety, in whole or in part, and assume installation, completion or repair of improvements or to waive installation if development has not progressed to the point that installation is necessary.