Chapter 12.12
COVENANTS, SURETIES AND LIABILITY INSURANCE
Sections:
12.12.020 Performance bond for site stabilization.
12.12.030 Performance covenant for site stabilization.
12.12.040 Performance bond for uncompleted subdivision improvements.
12.12.050 Commercial liability insurance.
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, in the form of a bond as defined in Section 12.12.020, for site stabilization and erosion and sedimentation control.
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.
Bonding or covenants for site stabilization are not required for projects constructed or owned by Kitsap County.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.12.020 Performance bond for site stabilization.
For project sites with one 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 this title. A cost estimate shall be submitted by the project engineer subject to the approval of the director or his/her designee. The minimum amount of the bond shall be $5,000.00; or
(2) Ten 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 this title, 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. 540 (2016) § 4 (Att. 1) (part), 2016)
12.12.030 Performance covenant for site stabilization.
For project sites with less than one acre of land disturbing activity, a performance covenant may be recorded in lieu of a performance bond 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 this title. 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 community development will record a document that extinguishes the performance covenant.
If the site work is determined by the director to be in violation of this title, 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. 540 (2016) § 4 (Att. 1) (part), 2016)
12.12.040 Performance bond for uncompleted subdivision improvements.
For single-family residential subdivision developments, a performance bond shall be provided to Kitsap County prior to recording of the final plat, and shall guarantee the 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 improvements shall be determined by a professional civil engineer subject to the approval of the director or his/her designee.
All performance bonds shall run continuously until released by the county. Once twenty-five percent of the lots have been issued building permits, no further building permits shall be issued until the bonded work has been completed, the performance bond released, and a maintenance bond established in accordance with Section 12.12.060. If the site improvements are not completed within a period of eighteen months from the date of performance bond issuance, the county may, with thirty days’ written notice, collect the bond and complete the unfinished site improvements.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.12.050 Commercial liability insurance.
The owner of any project must provide a certificate of liability insurance to Kitsap County 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 $1,000,000.00 combined single limit bodily injury and property damage, with a $2,000,000.00 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. 540 (2016) § 4 (Att. 1) (part), 2016)
12.12.060 Maintenance bonds.
A maintenance bond is required for residential subdivision plats and other projects for which maintenance of the stormwater facilities and/or roads is ultimately to be taken over by the county.
After the final approval of construction and prior to 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 stormwater 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. Prior to the expiration period, Kitsap County will evaluate performance of the bonded facilities and, if not functioning as designed, will require the project owner to fix. Kitsap County also has the authority to collect on the bond and repair or maintain the facility.
Kitsap County may accept properly functioning facilities in accordance with Chapter 12.24. Until such time as the county accepts maintenance, the developer must secure the proper functioning and maintenance of the facility and such shall be a condition of final plat approval.
The amount of the maintenance bond shall be twenty-five percent of the estimated construction cost of the stormwater facilities and roads requiring maintenance, or $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 director.
(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)