Chapter 12.12
COVENANTS, SURETIES AND LIABILITY INSURANCE

Sections:

12.12.010    Site stabilization.

12.12.020    Performance covenant for site stabilization.

12.12.030    Performance surety for site stabilization.

12.12.040    Performance bond for uncompleted site improvements.

12.12.050    Commercial liability insurance.

12.12.060    Maintenance bonds.

12.12.010 Site stabilization.

Prior to the issuance of a site development activity permit and prior to beginning any construction activity on a project site, the owner of the project will be required to record a performance covenant or post a performance surety for site stabilization and erosion and sedimentation control. In addition, the owner may be required to provide a certificate of commercial liability insurance.

This performance requirement for stabilization and erosion control should not be confused with the performance bond accepted at the time of final plat recording as a surety for construction items not yet completed. When a performance bond is accepted for a final plat in lieu of construction completion, the surety or covenant for stabilization and erosion control will be released, and the new performance bond shall cover site stabilization and erosion control along with the other incomplete construction items.

(Ord. 199 (1996) § 4.10, 1996)

12.12.020 Performance covenant for site stabilization.

For project sites with less than five acres of land disturbing activity, a performance covenant may be recorded in lieu of performance surety for site stabilization prior to issuance of the site development activity permit to guarantee Kitsap County that temporary erosion and sedimentation control and permanent site stabilization measures will perform in accordance with the storm water management ordinance. This covenant shall be recorded with the Kitsap County auditor and shall run with the land until such a time as Kitsap County issues final acceptance of the permitted activities, or until a separate performance bond is posted prior to final plat approval. Upon issuance of final project approval, the department of public works will record a document that extinguishes the performance covenant.

If the site work is determined by the director to be in violation of the storm water management ordinance, the county may enforce the performance covenant to provide temporary and permanent site stabilization. In this case, the project proponent will be charged for all associated costs and, if required, a lien will be placed on the property.

(Ord. 199 (1996) § 4.11, 1996)

12.12.030 Performance surety for site stabilization.

The term “bond,” as defined in this title, means a surety bond, assignment of funds, or irrevocable bank letter of credit. For project sites with five or more acres of land disturbing activity, a performance bond shall be posted prior to issuance of a site development activity permit to guarantee Kitsap County that temporary erosion and sedimentation control and permanent site stabilization measures will perform in accordance with this title. The amount of the performance bond shall be as follows:

(1)    One hundred fifty percent 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 ordinance. A cost estimate shall be submitted by the project engineer subject to the approval of the director. The minimum amount of the bond shall be five thousand dollars; or

(2)    One thousand dollars per acre of land disturbing activity. No engineer’s estimate is required.

If the site work is determined by the director to be in violation of the storm water management ordinance, the county may use the performance bond to provide temporary and permanent site stabilization.

All performance bonds shall run continuously until released by the county, and shall not be subject to an expiration or cancellation date.

(Ord. 199 (1996) § 4.12, 1996)

12.12.040 Performance bond for uncompleted site improvements.

For single-family residential developments, a performance bond 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 bond shall be one hundred fifty percent of the estimated cost of the improvements. The estimated cost of the construction shall be determined by a professional engineer subject to the approval of the director.

All performance bonds shall run continuously until released by the county, and shall not be subject to an expiration or cancellation date.

(Ord. 199 (1996) § 4.20, 1996)

12.12.050 Commercial liability insurance.

The owner of any project must provide a certificate of liability insurance to the department of public works prior to issuance of a site development activity permit. The liability insurance shall remain in force until final project approval is issued by the county. The commercial liability insurance shall be in the amount of not less than one million dollars combined single limit bodily injury and property damage, with a two million dollar aggregate. Such insurance shall include Kitsap County, its officers and employees as additional insureds, with respect to the terms and conditions of the policy.

(Ord. 199 (1996) § 4.30, 1996)

12.12.060 Maintenance bonds.

A maintenance bond is required for residential plats/PUD’s and other projects for which maintenance of the storm water facilities and/or roads is ultimately to be taken over by the county.

Prior to the final approval of construction and release of any performance sureties, a maintenance bond must be posted and maintained by the project owner for a period of two years. The maintenance bond shall guarantee the storm water facilities and roads constructed under permit against design defects and/or failures in workmanship, and shall guarantee that the facilities constructed under the permit 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 of the lots in that phase have been improved, the county will take over the maintenance and operations of the system. In the event that eighty percent 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 director, for one additional year.

The amount of the maintenance bond shall be ten percent of the estimated construction cost of the storm water facilities and roads requiring maintenance, or five thousand dollars, whichever is greater. The construction cost of the facilities requiring maintenance shall be estimated by the project engineer, subject to the approval of the director.

(Ord. 199 (1996) § 4.40, 1996)