Surety Bond Encyclopedia

Landscape Maintenance and Warranty Bond - City of Fayetteville, GA in Georgia

Brief Summary

The Landscape Maintenance and Warranty bond is one of the items standing between a finished Fayetteville project and its Final C.O. A surety bond lets the developer or owner cover the city's three year plant guarantee without tying up cash for the full period, and the executed bond names the City of Fayetteville as obligee so it can go straight into the closeout package.

The City of Fayetteville, Georgia requires the property owner to guarantee all plant material for a minimum of three years from acceptance by the UDO Administrator and issuance of a certificate of occupancy. The Landscape Maintenance and Warranty bond backs that guarantee. It is posted by developers, owners and their contractors on permitted projects, it names the City of Fayetteville as obligee, and maintenance bonds are among the items the city lists as due before a Final C.O. The bond amount is set by the city for each project.

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How to Apply for a Landscape Maintenance and Warranty Bond:

  • Get the required bond amount, bond term and filing instructions from Fayetteville Planning and Zoning for your project.
  • Have the approved plan, project name, parcel and the principal's legal entity name ready.
  • Complete the bond application and provide owner or company credit information.
  • Review the quoted premium and pay it.
  • Receive the executed bond naming the City of Fayetteville as obligee.
  • Submit the bond with the Final Plat and As-Built package or before the Final C.O., as the city directs.

Detailed Information About the Georgia Landscape Maintenance and Warranty Bond:

Who posts this bond

The principal is the party responsible for the approved plantings on a permitted project. That is usually the developer or property owner. On many jobs the contractor that installed the plantings posts the bond on the owner's behalf. The obligee is the City of Fayetteville, Georgia. The bond guarantees that the plantings shown on the approved plan are kept alive and replaced when needed for the full guarantee period. If the principal fails to do that, the city can make a claim against the bond to get the work done.

What the bond guarantees

The city's Development Guidebook sets the rules the bond stands behind:

  • Plant guarantee. The property owner shall guarantee all plant material for a minimum of three years from date of acceptance by the UDO Administrator and the issuance of a certificate of occupancy.
  • Inspections. A maintenance inspection of trees is performed periodically within and at the end of three full years from the date the certificate of occupancy is issued.
  • Replacement. All unhealthy and dead plant material must be replaced within 45 days of receipt of the city's letter, in conformance with the approved landscape plan.
  • After the guarantee. The UDO Administrator continues random inspections, and tree replacement is required if protected trees die or are removed after completion, regardless of when the development was approved.

When the bond is due

The Development Process Flowchart in the guidebook lists maintenance bonds, as-built drawings, a stormwater maintenance agreement and final inspections as the items tied to the Final C.O. On subdivisions, the Final Plat and As-Built application lists a Maintenance/Performance Bond among the items due at the time of submission. That application carries a $500 fee and $250 for each resubmittal. Those fees are for plat review and are separate from the bond premium.

The rules behind it

The City of Fayetteville enacted its Unified Development Ordinance (UDO) on May 4, 2023, and the most recent revision took effect March 5, 2026. The UDO Administrator accepts the plantings and runs the inspections described above.

Amount and form

The bond amount is set by the City of Fayetteville for each project. Confirm the required amount, the bond term, the current bond form and the filing instructions with Planning and Zoning at planningdesk@fayetteville-ga.gov before the bond is issued.

How premium is set

The surety prices the bond once the city's amount is known. The main factors are the bond amount, the length of the guarantee, the principal's credit and financial statements, and the size and condition of the plantings. A three year obligation is underwritten differently than a one year one.

Eligibility and Requirements for a Georgia Landscape Maintenance and Warranty Bond:

  • City of Fayetteville, Georgia named as obligee.
  • Bond amount set by the city for the specific project.
  • Principal is the developer, property owner or contractor responsible for the approved plantings.
  • Coverage for the three year plant guarantee measured from acceptance by the UDO Administrator and issuance of the certificate of occupancy.
  • Surety company authorized to write bonds in Georgia.

Georgia Landscape Maintenance and Warranty Bond FAQs:

Who needs the Landscape Maintenance and Warranty bond?

Developers, property owners and their contractors on permitted projects in the City of Fayetteville that include plantings under an approved landscape plan. The bond backs the owner's three year plant guarantee to the city.

Who is the obligee?

The City of Fayetteville, Georgia. The UDO Administrator accepts the plantings and inspects them during the guarantee period.

How much is the bond?

The City of Fayetteville sets the amount for each project. Confirm the figure, the bond form and the filing instructions with Planning and Zoning before the bond is issued.

How long does the guarantee last?

The Development Guidebook requires the property owner to guarantee all plant material for a minimum of three years from acceptance by the UDO Administrator and issuance of the certificate of occupancy. Tree inspections happen within and at the end of that period.

What happens if plants die during the guarantee?

The city sends a letter. All unhealthy and dead plant material must be replaced within 45 days of receipt, in conformance with the approved landscape plan. If the principal does not do it, the city can claim against the bond.

When is the bond due?

The guidebook lists maintenance bonds among the items tied to the Final C.O. On subdivisions, the Final Plat and As-Built application lists a Maintenance/Performance Bond as due at the time of submission.

Is the $500 final plat fee the bond cost?

No. The $500 fee, plus $250 per resubmittal, is the Final Plat and As-Built application fee paid to the city. The bond premium is a separate charge set by the surety.

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