Chapter 16.54 Guarantee of Public ImprovementsChapter 16.54 Guarantee of Public Improvements
No final plat shall be approved or recorded until the subdivider has submitted and the Board has approved, one or a combination of, the following:
A. Subdivision improvements agreement guaranteeing to construct any required public improvements shown in the final plat documents, together with collateral which is sufficient, in the judgment of the Board, to make reasonable provision for the completion of said improvements in accordance with design and time specifications;
B. Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required public improvements shown in the final plat documents which, in the judgment of the Board, will make reasonable provision for completion of said improvements in accordance with design and time specifications.
As improvements are completed, the subdivider may apply to the Board for a release of part or all of the collateral deposited with said Board. Upon inspection and approval, the Board shall release said collateral. If the Board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the Board determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Board may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement or improvements in accordance with specifications.
A certification signed by a registered professional engineer that all improvements have been built in accordance with the final plat (or noting modifications) shall be required before the subdivider’s obligations are fulfilled and the improvements guarantee is released. Any such noted modifications shall be approved by the Public Works Director, County Road Superintendent, or their designee prior to any release of funds or obligation. The subdivider may phase improvements and request a release from an appropriate portion of the obligations and improvements guarantee as such improvements are built, provided a certification is submitted for such improvements. The certification shall be in the following format:
"As Built" Engineer’s Certification
I, (Engineer’s Name), a Registered Professional Engineer in the State of Colorado, have reviewed the Final Plat of (Subdivision’s Name) and related relevant drainage plans, street plans and profiles, design and construction plans, and other improvement plans. I do hereby certify that I have made an inspection of those improvements described herein and find same to be built in accordance with the Final Plat except for the modifications specifically noted. I have attached hereto reasons for the modifications and relevant "as built" plans detailing the modifications. (List improvements certified, noting modifications.)