Article III — IMPROVEMENT SECURITY

As a condition for the issuance of a permit, the Director may require the deposit of improvement security in sufficient amount deemed necessary by him or her to assure faithful performance of the work.

A.

Form of security. The security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in the State. Public agencies are exempted from this provision by law.

B.

Effective period of security for subdivisions. In the case of subdivisions, the improvement security shall remain in effect until final inspections have been made and all grading work and subdivision improvements have been accepted as complete by the Director.

C.

Effective period of security for general projects. For projects other than subdivisions, the improvement security shall remain in effect until final inspections have been made and all grading work has been accepted as complete by the Director.

D.

Maintenance security. In addition to the improvement security, the Director may also require the deposit of maintenance security in sufficient amount deemed necessary to guarantee and maintain the grading work to ensure the proper functioning of drainage systems and adequate erosion and sedimentation control. Said maintenance security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in the State and shall remain in effect for a period of one year after the date of expiration of the improvement security as designated in Subsections B and C of this section.

E.

Payee of bond or other security. Any bond or deposit required by the Director pursuant to this chapter shall be payable to the County, the County Department of Transportation or the Department of Planning and Building, as applicable.

F.

Release of security. Upon satisfactory completion of the permitted work (including any County-required monitoring period), as determined by the Director, the improvement and maintenance security deposits or bonds shall be released to the applicant. In the event of failure to complete the work in accordance with the approved plans and all permit conditions of approval, the County shall retain the security funds. The County may use these funds to complete the required work or to pay a contractor to complete the required work. Any funds remaining after the payment of all costs, including administrative and inspection costs, shall be returned to the permittee.

G.

Grading agreement. Where an improvement security agreement is required, it shall be executed in a form approved by the Director.

(Ord. No. 4949, § 2(15.14.300), 8-10-2010; Ord. No. 5051, § 2, 4-18-2017)

If required by the Director, a bond and grading agreement in conformance with Section 110.14.300 shall be provided to assure future stockpile removal, implementation of erosion control and restoration of the site.

(Ord. No. 4949, § 2(15.14.310), 8-10-2010)

Secs. 110.14.320—110.14.390. - Reserved.