The purpose of this Article is to provide for acceptable guarantees of performance to assure timely construction and completion of Improvements in accordance with approved Final Subdivision and/or Land Development Applications and/or Erosion and Sediment Plans.
(a) The Planning Commission is authorized to require performance bonds in conjunction with the approval of a Final Subdivision and/or Land Development Applications and/or Erosion and Sediment Plans, in accordance with this Ordinance and pursuant to West Virginia Code Chapter 8A, Article 6 Methods of Security.
(b) Performance bonds shall be required for public and other physical Improvements to be constructed under an approved Final Subdivision and/or Land Development Application. Such Improvements shall include, without limitation, Road, curb, gutter, sidewalk, trails, storm Drainage, traffic signalization and control, water and sanitary sewer infrastructure, Landscaping, and any other site-related Improvements required by the City for vehicular and pedestrian ingress and egress, for public access roadways, for Structures necessary to insure stability of critical Slopes, for necessary utilities, and for Stormwater Management Facilities. Notwithstanding the foregoing, the Planning Commission may waive the requirement for a performance bond for a Final Subdivision and/or Land Development Application that does not provide for construction of any Improvements eligible for public maintenance if the Planning Commission agrees with a determination of the City Engineer/Planning Director or designee that the satisfactory completion of Improvements to be constructed under the Final Subdivision and/or Land Development Application can be enforced pursuant to ordinances regulating Building permits and occupancy permits.
(c) For a Major Subdivision and/or Land Development, surety, as detailed in Article 1305
of this Ordinance, shall be required for Erosion and Sediment Plans, as stipulated under Section 1307.10
Stormwater Management and Erosion and Sediment Control of this Ordinance. Where Article 1305
affirms that surety is required for “Final Subdivision and/or Land Development Applications”, it shall be as if the statement is transposable with “approved Erosion and Sediment Plans.” No Waiver from the Erosion and Sediment Plans surety is permitted.
(Ord. 2022-13. Passed 11-10-22.)