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Unless otherwise provided herein, publication of any notice or other instrument under this chapter shall be made by publishing the notice or other instrument once in a newspaper published within the county having a general circulation within the county, the publication being not less than 15 or more than 30 days before the hearing or other event to which the publication relates.
(Ord. 10-164, passed 6-17-2010)
PERFORMANCE SECURITY
(A) Generally. As security to the county for the performance by the developer of the developer’s obligations to complete the construction of any stormwater facilities required by the site development permit, to pay all costs, fees and charges due from the developer pursuant to the permitting authorities of this chapter and to otherwise faithfully perform the developer’s undertakings pursuant to this chapter the developer shall, prior to issuance of a site development permit:
(1) Post a development security as provided in § 164.181 of this chapter;
(3) Post a maintenance and monitoring security for wetland mitigation. See § 164.067; and
(4) A single letter of credit may be provided combining divisions (A)(1) and (A)(2) above if approved by the Chief Subdivision Engineer.
(B) Cost and responsibility. The developer shall bear the full cost and responsibility of securing and maintaining the securities required by this section.
(C) Exemptions. A development security shall not be required for any of the following developments unless the Chief Subdivision Engineer deems one necessary for the project:
(1) Developments on individual parcels that are associated with a single-family residence, including but not limited to homes, additions, decks, sheds and swimming pools; and
(2) Agricultural practices applicable under § 164.024 of this chapter.
(Ord. 10-164, passed 6-17-2010)
(A) A development security shall be posted and shall include:
(1) A schedule, agreed upon by the developer and the Chief Subdivision Engineer, for the completion of the construction of any stormwater facilities required by the permit;
(2) An irrevocable letter of credit, or cash deposit as the Chief Subdivision Engineer may approve, in an amount equal to not less than 125% of the estimated probable cost to complete the construction of any stormwater facilities required by the development permit, which estimated probable cost shall be prepared by a registered professional engineer and shall be approved by the Chief Subdivision Engineer. A corporation with a bond rating of “A” or higher from a major investment firm (i.e., Standard and Poor, Moody or equivalent) would be deemed to have adequate credit worthiness and is not required to post a letter of credit for projects that are not required to be located in public easements;
(3) A statement signed by the applicant granting the Chief Subdivision Engineer the right to draw on the security and the right to enter the development site to complete required work in the event that work is not completed according to the work schedule; and
(4) A statement signed by the applicant that the applicant shall indemnify the Department for any additional costs incurred attributable to the concurrent activities of or conflicts between the applicant’s contractor and the Department’s remedial contractor at the site.
(B) The security required by this section shall be maintained and renewed by the applicant, and shall be held in escrow by the Chief Subdivision Engineer until the conditions set forth in this section or other applicable provisions are satisfied.
(C) The Chief Subdivision Engineer may approve periodic reductions in the letter of credit based on progress of construction. However, not more than 75% of the security provided for in this section may be released prior to approval of record drawings and final inspection. A minimum of 25% or $3,000, whichever is greater, of the security shall be retained for a period of time not to exceed two years after completion of construction of all stormwater facilities required by the permit.
(Ord. 10-164, passed 6-17-2010)
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