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Subdivision Regulations - Blount County Government

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9-01-06<br />

facilities and any other improvements required (other then utilities)<br />

after final plat approval.<br />

3.03. Maintenance of Improvements.<br />

3.03.1 Maintaining Improvements: The applicant shall be required to maintain all<br />

improvements on any and all land or parcels specified on the final plat,<br />

including the individual subdivided lots, roads, drainage areas, common<br />

areas, and proposed right-of-ways (to be dedicated) until acceptance of<br />

said improvements by the <strong>County</strong>.<br />

3.03.2 Maintenance Security: The applicant/developer shall be required to file a<br />

maintenance security including labor and material payments with the<br />

Planning Commission, prior to dedication. The security shall be an amount<br />

considered adequate by the Highway Department, upon recommendation<br />

by the Director of <strong>County</strong> Engineering, and in order to assure the<br />

satisfactory condition and maintenance of the required improvements,<br />

including all lot improvements on the individual subdivided lots, drainage<br />

facilities, and roads (and all improvements in the dedicated right-of ways)<br />

for a period of one (1) year after the date of their acceptance by the<br />

governing body and dedication of same to the <strong>County</strong>. The maintenance<br />

security shall be accompanied by a three-party agreement between the<br />

developer, guarantor, and county highway department; or other legal<br />

instrument approved by the Attorney for the <strong>County</strong> Mayor along with the<br />

actual security. The maintenance security shall include all of the<br />

improvements made on private easements, individual lots, roads and<br />

those right-of-ways dedicated to the county, and all drainage<br />

improvements and facilities. In lieu of a maintenance security the Planning<br />

Commission may accept a certificate of Road Guarantee from the road,<br />

drainage, grading or other contractor (for the road and/or drainage portion<br />

only that they have constructed). The maintenance security shall meet the<br />

security terms specified above and shall specify the developer as<br />

responsible should the contractor(s) default. A maintenance security shall<br />

include money to insure collateral damage to existing roadways outside of<br />

the new development, which may be damaged during construction of<br />

improvements, or during the first year of construction (building homes)<br />

within the new subdivision.<br />

3.03.3 Property Owners’ Association (POA): A POA shall be established and<br />

shall be charged with the responsibility to insure future maintenance for all<br />

common area(s), including but not limited to all private roads, common<br />

driveway easements, and drainage facilities in all subdivisions of two or<br />

more lots that exist outside of the publicly dedicated right-of-way. The<br />

POA documentation shall be submitted for review prior to final plat, and a<br />

final executed version shall be recorded in the Register of Deeds office<br />

along with the Final plat. In cases where more than two lots within a<br />

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