WSP01829

• File Number: 8030
• Description: Section D General Compact Issues - US Water Resources Council
• State: CO
• Basin: Statewide
• Date: 8/1/1971
• Author: US Water Resources C
• Title: Regulation of Flood Hazard Areas to Reduce Flood Losses - Draft - Volume II Part V - With Appendices
• Water Supply Pro - Doc Type: Report/Study

(9) Performance Bonds

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REGULATORY PROGRAMS 002297

20

5-230

i
Most acts permit a municipality to require a subdivider
to file a performance bond to guarantee he will construct the

drainage facilities, roads, sewers or other <improvements

127
called for in his plans. .

Some acts specify the maximum
" .

amount of the bond in relation .to the cost of proposed improve-

ments.128
b d. 129
on .

Other acts specify a maximum time period for the
The power of the review agency to require bonds can

be important in permitting a flexible approach to subdivision

of flood-prone areas because a bonding .arrangement may permit

the subdivider.to sell lots on some flood-free portions of a

subdivision before completing the flood prote.ction and drainage
facilitie<i fOl:" the entire ['.oject. 1:he betlc <1GSUr.AS that levee!>:
bulkheads, drainages,. and flood-proofed sewer systems ,.;ill be

installed for the who~~ project as promised. However, a
bonding procedure should not be used to permit occupation of

flood-prone lots prior to installation of flood protection

measures.

(10) Waivers, Variances, Cluster. Subdivisions

Some acts specifically permit the review agency to waive
or grant variances to regulatory standards in special cir-
cumstances.130 Several acts set out special provisions for

planned unit development which allow the agency to modify

not only the subdivision regulations but zoning restrictions

to permit innovative subdivision design.131 Innovative

planned unit developments may group dwellings with con~on

facilities on one area of a subdivision sO,that other areas

can be preserved as open space or parks. Cluster subdivision--