§ 26-174. Performance bonds.

(a)

Prior to issuance of a grading permit, a performance bond which guarantees satisfactory completion of land disturbing activities shall be provided for construction and/or grading activities related to erosion prevention and sediment control and water quality buffers.

(b)

Prior to plat approval, a performance bond which guarantees satisfactory completion of new development or redevelopment projects shall be provided for construction work related to site roadways and the stormwater management system.

(c)

Performance bonds shall name the county as beneficiary and shall be guaranteed in the form of a surety bond, cashier's check, or letter of credit from an approved financial institution or insurance carrier. The surety bond, cashier's check, or letter of credit shall be provided in a form an in an amount to be determined by the county department of engineering and public works. The actual amount shall be based on submission of plans and estimated construction, installation or potential maintenance and/or remediation expenses.

(d)

The director may refuse brokers or financial institutions the right to provide a surety bond, letter of credit, or cashier's check based on past performance, ratings of the financial institution, or other appropriate sources of reference information.

(e)

A performance bond is not required for small lots, as defined by this article, except when deemed necessary by the director based on site conditions and the adverse impact on downstream conditions or other properties.

(Ord. No. O-07-12-101, § 2(§ 4.4), 1-28-08)