Liability for any adverse impacts or damages resulting from work performed in accordance with any permit or approval issued on behalf of Lewis County for the development of any site shall be the sole responsibility of the Owner.
(Ord. 1161 § 10, 1998)
(1) 
For developments which involve a risk of property damages or possible hazards, the Administrator may require from the Applicant a licensed surety, irrevocable letter of credit from a financial institution, or other like security acceptable to the County prior to the issuance of Storm Drainage Approval.
(2) 
The following provisions shall apply in instances where such securities are required:
(a) 
The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any storm drainage activity.
(b) 
Securities shall be retained until the completion of any project involving storm drainage activity or following a prescribed trial maintenance period, normally two years.
(c) 
Securities and/or financial assurances provided in accordance with this Chapter may be redeemed in whole or in part by the County upon determination by the Administrator that any or all of the following exist:
(i) 
Failure on the part of the party providing such assurances to fully comply, within the time specified, with approved plans and/or any corrective or enforcement actions mandated by this Chapter; or
(ii) 
Damages to public or property arising from the activities for which the assurance or security was required.
(Ord. 1161 § 10, 1998)
(1) 
For a project site involving a single family residence with less than 5 acres of land disturbing activity, a Performance Covenant, of such form and of such content acceptable to the Administrator, may be recorded in lieu of performance surety prior to issuance of a Land Use Development Permit to guarantee the County that temporary erosion and sedimentation control and permanent site stabilization measures will be performed in accordance with this Chapter.
(2) 
The Covenant shall be recorded with the Lewis County Auditor and shall run with the land until the County issues final acceptance of the permitted activities, or until a separate performance bond is posted prior to final project approval. Upon issuance of final project approval, the Department of Public Works will record a document that extinguishes the Performance Covenant.
(3) 
If the site work is determined by the Administrator to be in violation of this Chapter, the County may enforce the Performance Covenant to provide temporary and permanent site stabilization. In this case, the Applicant will be charged for all associated costs and, if required, a lien may be placed on the property.
(Ord. 1161 § 10, 1998)
(1) 
For project sites with 5 or more acres of land disturbing activity, a Performance Surety, of such form and of such content acceptable to the Administrator, shall be posted prior to issuance of a Land Use Development Permit to guarantee the County that temporary erosion and sedimentation control and permanent site stabilization measures will perform in accordance with this Chapter.
(2) 
The amount of the Performance Surety shall be as follows:
(a) 
One hundred twenty five percent (125%) of the estimated cost of performing minor grading and installing temporary erosion and sedimentation control, and permanent site stabilization measures to bring the construction site into compliance with the Chapter. A cost estimate shall be submitted by the Project Engineer subject to the approval of the Director. The minimum amount of the licensed surety shall be five thousand dollars ($5,000.00); or
(b) 
One thousand dollars ($1,000.00) per acre of land disturbing activity. No Project Engineer's estimate is required.
(3) 
If the site work is determined by the Administrator to be in violation of this Chapter, the County may use the Performance Surety to provide temporary and permanent site stabilization. All Performance Sureties shall run continuously until released by the County, and shall not be subject to an expiration or cancellation date.
(Ord. 1161 § 10, 1998)
(1) 
For single family residential developments, a Performance Surety, of such form and of such content acceptable to the Administrator, shall be provided prior to the final recording of the plat/PUD, guaranteeing completion of all site improvements not yet completed. The amount of the Performance Surety shall be one-hundred twenty five percent (125%) of the estimated cost of said improvement. The estimated cost of the construction shall be determined by a Professional Engineer subject to the approval of the Administrator.
(2) 
All Performance Sureties shall run continuously until released by the County, and shall not be subject to an expiration or cancellation date.
(Ord. 1161 § 10, 1998)
(1) 
A Maintenance Bond, of such form and of such content acceptable to the Administrator, is required for residential plats/PUDs and other projects where maintenance of the stormwater facilities or roads is to ultimately be taken over by the County.
(2) 
Prior to the final approval of construction and release of any performance sureties, a Maintenance Bond must be posted and maintained by the Owner for a period of two (2) years. The Maintenance Bond shall guarantee the constructed stormwater facilities and roads against defects and/or failures in workmanship, and shall guarantee that the constructed facilities will be regularly and adequately maintained throughout the maintenance period. At the end of this time, the County will inspect the system, and when the facility is acceptable and eighty percent (80%) of the lots in that phase have been improved, the County will take over the maintenance and operation of the system. In the event that eighty percent (80%) of the lots in a residential development have not been improved by the end of the two year maintenance period, the Maintenance Bond may be extended, subject to the approval of the Administrator, for one (1) additional year.
(3) 
The amount of the Performance Bond shall be twenty five percent (25%) of the estimated construction cost of the stormwater facilities and roads requiring maintenance, or five thousand dollars ($5,000.00), whichever is greater. The construction cost of the facilities requiring maintenance shall be estimated by the Project Engineer, subject to the approval of the Administrator.
(Ord. 1161 § 10, 1998)