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