§ 1302. Bond in lieu of completion of improvements.


Latest version.
  • The planning commission may allow the subdivider to post a bond as defined below in lieu of completion of all the improvements as required by this article. The bond shall be made payable to the City of Vidalia and shall be of an amount sufficient to assure completion of all required improvements. The bond shall be approved and held until a specified reasonable length of time for completion has passed, after which the bond may be forfeited and the improvements installed by the city.

    The bond identified above may be made in any of the following manners:

    (1)

    Cash bond; or

    (2)

    Insurance bond in the nature of a performance bond by an insurance carrier approved by the Vidalia Planning Commission; or

    (3)

    Bond in the form of a personal guaranty of the developer, properly secured by a first deed to secure debt on real estate located in Georgia, which is of a value at least double the amount of the estimated cost of the mandatory improvements as identified by these regulations, and said cost estimated shall be made in the sole discretion of the Vidalia Planning Commission. Said deed to secure debt being given to assure the city of full compliance with these regulations, including holding the city harmless as to any court cost and/or attorney fees incurred to enforce these regulations and/or enforcement of this performance bond.

    (4)

    In the event the subdivider posts bond under the provisions of section 1302, the bonding period shall be a five (5) year period. If, after five (5) years, the city has not provided trunkline sewerage to the subdivision or has not contracted to provide trunkline sewerage, or has not committed itself to provide trunkline sewerage within twelve (12) months of the expiration of the five (5) year period, then all obligation of the subdivider to continue the bond shall be terminated.

    The subdivision developer and his performance bond shall continue to be accountable for the above regulations until said regulations are completed on said subdivision to the reasonable satisfaction of the Vidalia Planning Commission.