Before plat recordation, land disturbance permit, building permit, or other project close-out, it shall be verified that the developer/subdivider/applicant has obtained the necessary bonds, other sureties, and/or agreements that ensure completion of all required public and private improvements on the subject property.

(Ord. No. 2024-03, § 1, 2-1-2024)

Three types of guarantees and sureties shall be provided for as a part of the Final Plat approval and/or development permitting processes in accordance with the provisions herein:

(1)

Performance guarantees.

(2)

Maintenance guarantees.

(3)

Maintenance agreements/inspections.

(Ord. No. 2024-03, § 1, 2-1-2024)

Performance guarantees shall be allowed for required site improvements (public or private) not yet completed at the time a Final Plat or project closeout is desired. Instead of requiring the completion, installation, and dedication of any and all improvements prior to approval of a Final Plat or certificate of occupancy or certificate of completion, the City of Acworth may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to complete all required improvements prior to the release of the performance guarantee.

(Ord. No. 2024-03, § 1, 2-1-2024)

The performance guarantee shall be payable to the City of Acworth and shall be in an amount equal to 1.5 times the entire cost, as estimated by the developer or subdivider and verified by the city, of installing all outstanding required improvements.

(Ord. No. 2024-03, § 1, 2-1-2024)

The duration of the performance guarantee shall be for no longer than 12 months, or until such lesser time that the improvements are accepted by the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

Performance Guarantee funds are forfeited if the improvements are not completed and accepted by the city within 12 months.

(Ord. No. 2024-03, § 1, 2-1-2024)

Maintenance guarantees shall be allowed for all improvements to be publicly dedicated and/or maintained (e.g.: streets, sidewalks, landscaping) to guarantee the quality and ongoing performance of the installations. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the city may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and living condition all applicable improvements prior to the release of the maintenance guarantee.

(Ord. No. 2024-03, § 1, 2-1-2024)

The maintenance guarantee shall be payable to the City of Acworth and shall be in an amount equal to 60 percent of the construction value for all public improvements, as estimated by the developer or subdivider and verified by the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

The duration of the surety shall be for a period of 24 months following the date of approval of a Final Plat or final certificate of occupancy or certificate of completion.

(Ord. No. 2024-03, § 1, 2-1-2024)

Maintenance Guarantees shall be forfeited if the improvement fails to be kept in good repair and condition prior to the release of the maintenance guarantee.

(Ord. No. 2024-03, § 1, 2-1-2024)

Stormwater maintenance guarantees shall be provided for the ongoing maintenance of stormwater management facilities and features. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the city may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and working order all applicable improvements prior to the release of the maintenance guarantee.

(Ord. No. 2024-03, § 1, 2-1-2024)

The stormwater maintenance guarantee shall be payable to the city and shall be in an amount equal to $5.00/cubic foot of storage provided by the stormwater management facility, as estimated by the developer or subdivider and verified by the city. The guarantee shall be accompanied by the appropriate agreements outlined in Division 4 Maintenance Agreements/Inspections (Stormwater).

(Ord. No. 2024-03, § 1, 2-1-2024)

The duration of the surety shall be for a period of 24 months following the date of the approval of a final plat or final certificate of occupancy or certificate of completion.

(Ord. No. 2024-03, § 1, 2-1-2024)

Prior to the issuance of any project close-out, final plat, or certificate of completion/occupancy requiring a stormwater management facility or practice hereunder and for which the city requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Recordation Required. The inspection and maintenance agreement, if applicable, shall be approved by the city prior to approval, and recorded in the deed records of the office of the Clerk of the Superior Court of Cobb County, Georgia.

(b)

Inspector Required. The inspection and maintenance agreement shall identify, by name or official title, the person(s) responsible for carrying out the inspection and maintenance.

(c)

Owner Responsibility.

(1)

Responsibility for the operation and maintenance of a stormwater management facility shall remain with the property owner and shall pass to any successor owner, unless an agreement with the city is made whereby the city takes ownership of the facility. Immediately pay to the city the funds estimated to complete the improvements, up to the full otherwise made payable in full to the city.

(2)

If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance.

(d)

Schedule Required.

(1)

As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice, including their associated landscaping measures.

(2)

The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof.

(e)

City Enforcement. In addition to enforcing the terms of the inspection and maintenance agreement, the city may also enforce all of the provisions for ongoing inspection and maintenance.

(f)

City Acceptance of Dedications. The city, in lieu of an inspection and maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

(Ord. No. 2024-03, § 1, 2-1-2024)

The developer or subdivider shall provide either one, or a combination, of the following guarantees in the amounts and durations specified in this Division Authorized Guarantee Types. Any expenses associated with the cost verification by the city shall be paid entirely by the applicant.

(Ord. No. 2024-03, § 1, 2-1-2024)

Bonds shall be secured from a surety bonding company authorized to do business in the state. The bond shall be payable to the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

The developer or subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the city or in escrow with a financial institution designated as an official depository of the city. For any Letter of Credit, the applicant shall have complied with all subdivision and development regulations of the Code of the City of Acworth and shall have passed all inspections and received all approvals. The development shall have been constructed in full compliance with all previous approvals. Any Letter of Credit shall be irrevocable and with an institution approved by the City of Acworth with any, and all conditions contain in the Letter of Credit, having been approved by the City of Acworth. Further, the Letter of Credit shall be irrevocable, and shall be delivered to the City of Acworth and retained until all development standards have been fully met. An agreement regarding the terms and conditions shall be signed by both parties in a form satisfactory to the City of Acworth. The developer shall pre-pay all expenses related to such Letter of Credit. Upon compliance with this provision, and upon the execution of the Letter of Credit by the approved lender with the approved terms and conditions, the development department, Director may issue approval of the conditions which are the subject matter of the Letter of Credit. The City of Acworth shall retain possession of the Letter of Credit, until such time as all conditions of the Development Department are met, and all conditions of the letter containing the Letter of Credit shall have been fully satisfied.

(Ord. No. 2024-03, § 1, 2-1-2024)

Cash or other instrument is deposited in escrow with a financial institution as provided above, then the applicant shall file with the City of Acworth an agreement between the financial institution and the applicant guaranteeing the following:

(1)

That said escrow amount will be held in trust until released by the Development Director and may not be used or pledged by the applicant in any other transaction during the term of the escrow; and

(2)

That in case of a failure on the part of the developer or subdivider to complete said improvements/maintenance, the financial institution shall, upon notification of the city to the financial institution of an estimate of the amount needed to complete the improvements, immediately pay to the city the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the city any other instruments fully endorsed or otherwise made payable in full to the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

Upon default, meaning failure on the part of the applicant to complete the required improvements in the time allowed by this chapter, or as spelled out in the performance or maintenance bond or escrow agreement, then the surety, or financial institution holding the escrow account, shall, if requested by the city, pay all or any portion of the bond or escrow fund to the city up to the amount needed to complete the improvements or maintenance based on an estimate by the city.

(Ord. No. 2024-03, § 1, 2-1-2024)

Notification may take place following abandonment of the project for more than 90 continuous days. Upon payment, the city, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The city shall return to the applicant any funds not spent in completing the improvements.

(Ord. No. 2024-03, § 1, 2-1-2024)

The city may release a portion of any security posted as the improvements are completed or the maintenance period completed and approved. When approved said improvements shall be inspected, and if work is found to be completed and satisfactory in accordance with ordinance regulations and approved plans, the portion of the security posted which covers the approved cost of the improvements and maintenance of satisfactorily completed work that was subject to the security shall be released. It shall be the responsibility of the applicant to petition the city for release of guarantees and sureties and to warrant that all improvements subject to the guarantee or surety have been completed to fulfill the requirements of this chapter.

(Ord. No. 2024-03, § 1, 2-1-2024)