(a) Scope. This section does not apply to persons who provide security for the performance of their obligations in a right-of-way pursuant to other law or agreement.
(b) Amount. A utility that applies for a permit to excavate in the right-of-way shall submit and maintain with the Department security for the benefit of Anne Arundel County in the amount of $20,000, which shall serve as security for multiple permits so long as a constant balance of $20,000 is maintained.
(c) Form. Security shall be in the form of cash, an irrevocable letter of credit, a bond, or other security acceptable to the Controller and the Director to secure the faithful performance of the obligations of the owner and applicant under the permit and compliance with all terms and conditions of this title.
(d) Deductions. The Director may make deductions from the security to pay fees, offset the costs for any excavations or other repairs made by the Department, or pay any fines or costs associated with violations of this title.
(e) Retention. The County shall retain the security for the warranty period set forth in § 13-3-208(a). Upon the expiration of the warranty period, on written request of the permittee, the security, less any deductions, shall be returned to the permittee, without interest.
(f) Person other than utility. The Department may require a person other than a utility to provide security alone or to enter into an agreement with the County that includes security to ensure the faithful performance of the obligation of the owner and applicant under the permit and compliance with all terms and conditions of this title. The agreement shall include provisions relating to deductions from the security and to retention and return of the security.
(1985 Code, Art. 25, § 25-3-301) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)