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June 16, 2022 <br />137 <br /> <br />(g) As Built Plan. Upon completion of all required improvements, the developer shall submit <br />an As Built Plan showing the location, dimension and elevation of all improvements. Such <br />plan shall indicate that the required grading, drainage structures and/or drainage systems <br />and erosion and sediment control practices have been installed in substantial <br />conformance with the previously approved Final Plat. The As Built Plan shall specify all <br />deviations from the previously approved drawings. Five (5) copies of the plan shall be <br />submitted to the County. <br />(h) Partial Release of Funds. As the work of installing the required improvements proceeds, <br />the party posting the financial security may request the County to release or authorize <br />the release, from time-to-time, such portions of the financial security necessary for <br />payment to the contractor or contractors performing the work. Any such requests shall <br />be in writing addressed to the Planning Commission and shall be accompanied by as built <br />drawings. The County Commission shall have forty-five (45) days from receipt of such <br />request within which to allow the County Engineer to certify, in writing, that such portion <br />of the work upon the improvements has been completed in accordance with the <br />approved plat. Upon such certification the County shall authorize release by the bonding <br />company or lending institution of an amount fairly representing the value of the <br />improvements completed. If the County fails to act within said forty-five (45) day period, <br />the governing body of the agency shall be deemed to have approved the release of funds <br />as requested. Prior to final release at the time of completion and certification by the <br />County Engineer, the County may require retention of ten (10) percent of the estimated <br />cost of the aforesaid improvements. <br />(i) Release from Improvement Bond. <br />1. When the developer has completed all of the necessary and appropriate improvements, the <br />developer shall notify the County, in writing, by certified or registered mail, of the <br />completion of the aforesaid improvements and shall send a copy thereof to the County <br />engineer. The County shall, within ten (10) days after receipt of such notice, direct and <br />authorize its engineer or designee to inspect the improvements. A detailed report of the <br />inspection shall be prepared and mailed to the County within thirty (30) days of such <br />authorization. A copy of the report shall also be mailed by registered or certified mail to the <br />developer. The report shall contain the engineer's recommendations of approval or <br />rejection, either in whole or in part, of any improvements. If any improvement is not <br />approved by the engineer, the engineer shall report to the County the conditions and <br />reasons upon which the disapproval is based. <br />2. The County shall notify the developer within fifteen (15) days of receipt of the engineer's <br />report, in writing by certified or registered mail, of the decision to accept or not accept the <br />improvements. <br />3. If the county or engineer fails to comply with the time limitation provisions contained <br />herein, all improvements will be deemed to have been approved and the developer shall be <br />released from all liability, pursuant to its performance guaranty bond or other security <br />agreement.