Unified Land Development Code - Town of Gilbert

SUBDIVISION REGULATIONS 9.34
Progress payments may be made to the subdivider or his order from any cash
deposit made pursuant to Section 9.34-C. Such progress payments shall be made in
accordance with standards established by the Town Engineer.
Any work abandoned or not completed by the subdivider may be completed by the
Town which shall recover such construction costs from the subdivider.
C. Assurance of construction through loan commitment. In lieu of providing assurance of
construction in the manner provided above in this Section, the subdivider may provide
assurance of construction subdivision improvements of the recorded plat by delivering to the
Town Engineer prior to the recording of said plat an appropriate agreement between an
approved lending institution and the subdivider.
1. Deposit. The agreement shall state that funds sufficient to cover the entire cost of
installing the subdivision improvements, including engineering and inspection costs,
and the cost of replacement or repairs of any existing streets or improvements damaged
by the subdivider in the course of development of the subdivision, in an amount
approved by the Town Engineer, have been deposited with such approved lending
institution, or have been committed to be loaned by such lending institution to the
subdivider. Such agreement shall provide that such funds in the stated amount are
specifically allocated, and will be used by the subdivider or on his/her behalf, only for
the purpose of installing the subdivision
improvements.
2. Beneficiary. The Town shall be the beneficiary of such agreement, or the subdivider's
rights thereunder shall be assigned to the Town and the Town Engineer shall approve
each disbursement of any conditions and provisions normally included by such lending
institutions in loan commitment for construction funds, or as may be necessary to
comply with Statutes and regulations applicable to such lending institutions.
D. Alternate method of assurance. An alternate method of assurance may be accepted for
subdivisions that require no water and sewer improvements outside property lines and no
improvements are required to existing arterial or collector roadways.
1. A subdivider that meets the following criteria may be allowed to use the alternate
method of assurance detailed in this subsection:
a. The subdivider has engaged in business in the Phoenix Metro area for a
period of three (3) consecutive years prior to making request, and;
b. The subdivider has completed all the required improvements in a minimum
of two (2) jurisdictions in a manner satisfactory to the local jurisdiction's
City Engineer.
2. The subdivider shall request in writing to the Town Engineer that as an
alternative to the assurance provisions of subsections 9.34-B and C, the Town
shall be authorized to withhold building permits or final building inspections until
all required improvements set forth in this article are completed and the work is
inspected and accepted by the Town Engineer.
Ch. II, Pg. 17