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HomeMy WebLinkAboutORD 6712 SEC 203 ZONING AMENDMENT Augusta Richmond GA DOCUMENT NAME: 0, J(X)L\ - G2 t \ ~ DOCUMENT TYPE: 0'(0 \\Ionce." YEAR: CJ-\ BOX NUMBER: dd FILE NUMBER: \ l gQ'6 NUMBER OF PAGES: 5 ORDINANCE NO. 6712 " A resolution by the Augusta-Richmond County PlaIming Commission recommending that the Subdivision Regulations be amended as follows: AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS OF AUGUSTA, GEORGIA, ADOPTED BY THE AUGUSTA COMMISSION ON MARCH 18, 1997 BY DELETING SECTION 202, SUBSECTION G & H IN ITS ENTIRETY AND ADDING A NEW SECTION 203. THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION 1. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is amended by deleting Section 202 G & H in its entirety: G. In lieu of requiring completion of all improvements prior to granting Final Plat approval, the Commission may, at its discretion, enter into a contract with the subdivider whereby the subdivider shall guarantee the completion of all required improvements in a manner satisfactory to the Planning Commission and the City Engineer. To secure this contract, the subdivider shall obtain a security bond from a security company authorized to conduct business in the state or a letter from a chartered state or national bank or savings and loan institution" confirming the benefit of Augusta, Georgia, or a letter of credit from a chartered state or national bank or savings and loan institution. If a bond is provided, it shall be payable to the Commission and shall be in an amount sufficient to cover the entire cost, as estimated by the subdivider and approved by the City Engineer, of installing all required improvements. The duration of the bond, escrow account, or letter of credit shall be as specified in (H). H. Prior to the granting of Final Plat approval, the subdivider and the Commission shall agree upon a deadline for the completion of all required improvements, such deadline not to exceed one (1) year from the date of final approval. The Commission may extend that deadline for one (1) additional year where the subdivider can present substantial reason for doing so SECTION II. That the Ordinance regulating the subdivision of land in Augusta, Georgia, is amended by adding a new Section 203: Performance Guarantee. A. Generally. If all improvements as required by the Augusta-Richmond County Planning Commission's approval of the' Development Plan are not properly installed and constructed in accordance with the required standards prior to the submission of a Final Plat application, the subdivider shall provide to the Executive Director an acceptable Performance Guarantee to assure future installation and construction of the improvements as required. The amount of the Performance Guarantee shall be set by the City Engineer and shall be (in the opinion of the City Engineer) the cost of the remaining improvements plus 25%. To assist the City Engineer in calculation of the Performance Guarantee, a copy of the. Contract Document for the project, a copy of all-contractors fees paid to date, and a certification from a Professional Engineer stating the ~alue of the work remaining on the site must be submitted to the City Engineer. The cost of any additional surveying, engineering, Final Plats or as-builts (as applicable) must be included in the calculation for the Performance Guarantee. The Performance Guarantee must be in the acceptable format described in (e) below, accepted by the Planning Commission, and must include a specific, reasonable and satisfactory date for the completion of the necessary improvements. In no case shall the Performance Guarantee be valid for more than one (1) year, nor for less than 90 days. B. Return of Guarantee. When the improvements have been completed and approved for conformity with these regulations the Performance Guarantee shall be released and returned. When any portion of the required improvements have been completed and approved, a portion of the Performance Guarantee commensurate with the cost of these completed improvements may be released and returned. C. Default of Guarantee. In the event the subdivider fails to install or construct the required improvements during the specific time allotted and in conformity with these regulations, the Performance Guarantee is forfeited to the Augusta, GA to be used for the completion of the improvements. D. Extensions of Guarantee. If it appears to the developer that he may not complete construction of required improvements before expiration of his Performance Guarantee, it shall be his obligation, at least sixty (60) days prior to said expiration, to submit an extended Performance Guarantee to the Executive Director of the Augusta-Richmond County Planning Commission. Such extended Performance Guarantee must also be approved by the City Attorney and accepted by the Augusta-Richmond County Planning Commission government staff. Such extension shall be for a period of six (6) months. A maximum of two (2) such extensions shall be allowed. E. Acceptable format for Performance Guarantee. Any deviation from the acceptable format below may delay acceptance of this instrument: STATE OF GEORGIA CITY OF AUGUST A RICHMOND COUNTY PERFORMANCE GUARANTEE KNOW ALL MEN BY THESE PRESENTS that we, , as principal, and , as security, are held and firmly bound unto Augusta, Georgia, as obligee, in the sum of $ _' for payment whereof to the obligee, the principal and security bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents: Signed, sealed, and dated, this _ day of ,2004. I , WHEREAS, application' was made to the obligee for approval ofa'subdivisiop shown on a Final Plat entitled" ", dated , 2004, and filed with the Augusta-Richmond County Planning Commission and said Final Plat was approved upon certain conditions, one of which is that a Performance Guarantee in the amount of $ be filed with the Augusta-Richmond County Planning Commission to guarantee certain improvements in said subdivision; NOW, THEREFORE, THE CONDITION OF THIS OBLIGA nON is such that if the above- named principal shall, within from the date hereof (in no case shall the Performance Guarantee be valid for more than two years), truly make and perform the required improvements and construction of public improvements in said subdivision in accordance with Augusta, Georgia specifications, then this obligation will be void; otherwise it will remain in full force and effect. It is hereby understood and agreed that in the event any required improvements have not been installed within the term of this Performance Guarantee, the Augusta Commission or the Augusta-Richmond County Planning Commission government staff may thereupon declare this Performance Guarantee to be in default and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof, Augusta, Georgia shall install such improvements as are covered by the Performance Guarantee. It is further understood and agreed that when the required improvements have been approved for conformity with these regulations by the Augusta Commission or by the appropriate Augusta, Georgia government staff, the Performance Guarantee shall be released and returned. In addition, if any portion of the required improvements is completed by the principal and approved by the appropriate Augusta, Georgia government staff, a portion of the Performance Guarantee commensurate with the cost of these completed improvements may be released and returned. In no event shall a Performance Guarantee be reduced below twenty-five (25) percent of the principal amount until all improvements have been approved by the appropriate Augusta, Georgia government staff. Approved and accepted this _ day of ,2004 by the Augusta Commission (L.S.) Principal Security (L. S. ) Chairman Clerk The surety as specified herein shall be a corporate surety licensed to do business in the State of Georgia. In lieu thereof, the principal may post an Irrevocable Letter of Credit from a bank licensed to do business by the State of Georgia or any federally insured lending institution. F. Acceptable format for Irrevocable Letter of Credit. Any deviation from the acceptable format below may delay acceptance of this instrument. (On Bank Letterhead) (Date) IRREVOCABLE LETTER OF CREDIT # U.S. $ (Amount) Augusta-Richmond County Planning Commission 525 Telfair Street Augusta, GA 30901 RE: (Name of Subdivision or Development) Gentlemen: We hereby establish our Irrevocable Letter of Credit # in your favor for (Name and Address of Principal) and thereby undertake to honor your drafts at sight on us after (Date) not exceeding in the aggregate (Dollar Amount). ($ ). Each such draft must be accompanied by the following documents: 1. A written certificate executed by the appropriate and authorized Augusta, Georgia government staff stating that (principal) has failed t~ make the required improvements within the term of the attached Performance Guarantee and that the amount of said draft represents the actual amount of funds due you as a result of his failure to perform as contracted. 2. All drafts drawn under this credit must be marked "Drawn under (Name of Bank)'s Letter of Credit # , dated , 2004. This credit is valid until (Date). Drafts drawn hereunder, if accompanied by documents as specified above, will be honored if presented to (Name of Bank) on or before said date at (Address of Bank). It is further understood and agreed that when the required improvements have been approved for conformity by Augusta, Georgia, this Letter of Credit shall be released and returned. In addition, when any portion of the required improvements has been completed and approved, the Letter of Credit may be reduced by an amount commensurate with the cost of these completed improvements. In no event shall the Letter of Credit be reduced below (Dollar Amount) ($ ). Except as otherwise expressly stated herein, this credit is subject to the "Uniform Customs and Practice for Documentary Credit," ICe Publication 290, 1974 Revision. (Name and Title of Bank Officer) cc: Principal r SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Done in Open Meeting under the Common Seal thereof this 4/5.-/- day of ~!t ,2004. AP ROV D THIS 8rd day of t1U~ ,2004. ~ MAYOR, AUGUST AUGUSTA, GEORG Published in the Augusta Chronicle August 19, 2004