(A) The recipient of a permit under this subchapter shall provide a surety in the form of cash, certificate of deposit, irrevocable letter of credit acceptable to the city or surety bond underwritten by a surety company licensed to operate in the State of Texas to ensure that vegetative cover and/or other permanent erosion control measures are installed, maintained and functioning properly for not less than two years from the date of final acceptance of the dedicated public improvements by the city. The surety shall be furnished to the city before the final acceptance of the streets and/or utilities and shall be in the amount of 100% of the estimated cost of constructing and/or maintaining the permanent erosion controls for a two-year period. Such estimate shall be signed and sealed by a registered professional engineer. Any permanent vegetative cover which is part of a public improvement project associated with a subdivision development will not be accepted by the city until the growth has been established and maintained by the developer for a two-year period from the date of final acceptance of public improvements.
(B) After the two-year period has elapsed, the owner of the property shall be responsible for maintaining the erosion controls in good working order. If any future owner modifies or disturbs the erosion controls for the area, that owner must restore or replace the permanent erosion controls at the conclusion of the land-disturbing activity.
(Ord. 2002-31, passed 11-12-02; Am.Ord.2005-29, passed 9-13-05)