(a) Surety Bond; Cash Bond; Irrevocable Letter of Credit.
(1) The Soil Erosion Control Agent, may as a condition for the issuance of a permit, require the landowner to post a cash bond or an irrevocable letter of credit with the Village in an amount sufficient to assure the installation and completion of such protective or corrective measures as may be required by the Village. In lieu of a cash bond or an irrevocable letter of credit, the landowner may file a surety bond in an amount sufficient to assure the installation and completion of such protective or corrective measures with the Village. The surety bond shall be executed by the landowner and a corporate surety who has authority to do business in this state as a surety.
(2) The surety bond shall be in a form approved by the Village.
(3) A surety bond, cash bond or irrevocable letter of credit, shall include and be made on the conditions that the landowner shall comply with all of the provisions of Part 91, the Rules and this chapter; all terms and conditions of the permit; and that the landowner shall complete all work contemplated under the permit within the time limit specified in the permit.
(4) In the event that the landowner fails to comply with the terms and conditions of the earth change permit; or fails to comply with the provisions of Part 91, the Rules, or this chapter; or fails to implement the approved Soil Erosion and Sedimentation Control Plan, the Soil Erosion Control Agent may order such work as necessary to provide for effective soil erosion and sediment control. The landowner and the surety executing the bond or person issuing the irrevocable letter of credit or making the cash deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses, including legal, that the Village incurs in causing any and all work to be done to comply with the provisions of Part 91, the Rules, or this chapter. In the case of a cash bond, the Soil Erosion Control Agent shall authorize the Village to refund any unused portion to the person who posted the bond.
(5) The Village may establish a list of pre-qualified contractors for use in ordering work required under Section 1470.05(a)(4).
(Ord. 93 A-1. Passed 1-12-11.)