(A) A performance guarantee may be requested by York County for any commercial and subdivision project. The performance guarantee provides funds to assure that all exposed soil surfaces will be stabilized should development discontinue, proper control measures are not installed and/or maintained, or provide for remedy should the permittee fail to comply with the soil erosion permit and the approved soil erosion plan.
(B) A performance guarantee can be applied for the following situations:
(1) Offsite sedimentation.
(2) Final stabilization.
(C) As a precondition for county consideration of a final stabilization performance guarantee, permittee shall make all necessary effort to attempt full and complete stabilization of the site in accordance with the approved C-SWPPP and the NPDES-CGP. As determined by the Stormwater Administrator, if, after 14 calendar days, there is no visual evidence of germination and the extended 10-day weather forecast predicts unfavorable conditions for precipitation, the county may consider a final stabilization performance guarantee at that time.
(D) This performance guarantee shall cover all expenses incurred by York County, including administrative and legal costs and remediation required to implement and maintain soil erosion and sedimentation controls until the site is stabilized. If the performance guarantee does not cover the cost of remediating the site, the permit holder will be responsible for the additional costs. The performance guarantee may be used to pay outstanding permit/inspection fees.
(E) The performance guarantee shall be in the form of a bank/cashier’s check or irrevocable letter of credit and shall be in the amount professionally determined to complete the remediation, subject to the Stormwater Administrator’s approval.
(F) The performance guarantee shall be an amount that is at least 150% of the estimated costs and expenses.
(G) This performance guarantee must be submitted prior to a final plat approval of a subdivision or the issuance of a certificate of occupancy/completion for a commercial building or single-family dwelling.
(H) This performance guarantee shall be issued for a period that extends for the duration of the permit through project completion and issuance of a notice of termination. The performance guarantee maybe released to the applicant only upon the issuance of a notice of termination, or, in the case of a transfer of permit, a new performance guarantee that meets all the requirements of this section. In the case of off-site sedimentation, the performance guarantee shall be released once all remediation has been completed. If the owner/operator fails to complete the required remediation satisfactorily within the required period of time, the performance guarantee shall be forfeited and applied to the cost of completion of the required remediation.
(I) Additional funds required for the completion of the remediation will be the sole responsibility of the developer.
(J) If permitting and construction takes in excess of one year to complete, the Stormwater Administrator may allow for the surety period to be extended. This must be requested by the owner prior to the expiration date.
(Ord. 2819, passed 6-17-19)