BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

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(b) The owner and developer of the property and/or the person or persons responsible for the initiation of grading, grubbing or stockpiling shall be responsible for correcting any damages done by the grading, grubbing or stockpiling on-site or off-site. (1) Off-site corrections and restoration shall include, but not be limited to, repair of damages to improvements within the public right-of-way, to any portions of the County -owned or privately owned storm drainage systems or natural resources such as streams, wetlands, or reefs and will include the removal of any sediment and debris from these areas. (2) On-site corrections and restoration shall include covering of exposed soil surfaces with planting, and correction of improper grading, grubbing or stockpiling, and drainage. (c) In the event that the person or persons responsible do not or cannot satisfactorily perform restoration to comply with the provisions of this chapter, they shall post a performance bond in an amount sufficient, as determined by the director of public works, to ensure payment of all costs of restoring the land to its original condition, and for repair of any damages which may have occurred to any improvements in the public right-of-way. Such performance bond shall be subject to the requirements of section 10-11, paragraphs (c) to (e) and shall be maintained in force for a period up to one year to ensure the establishment of adequate ground cover and completion of the restoration work. No certificate of completion for said work shall be issued by the director of public works without satisfactory completion of the restoration work. Section 10-11. Bond. (a) Bond required. A grading or stockpiling permit shall not be issued for any cut, fill or stockpiling involving quantities more than one thousand cubic yards or for excavations or fills over fifteen feet in vertical height, or for work being done in increments of one thousand cubic yards or less, which is part of a larger development unless the permittee shall first file a bond for the benefit of the County of Hawaii. (1) If the proposed grading or stockpiling is to be performed under a subdivision agreement and bond approved and accepted by the County in compliance with Chapter 22 of the Hawaii County Code or under a County, State or Federal government contract, then the director of public works shall not require a bond for grading or stockpiling. A copy of the approved and accepted subdivision agreement and bond shall be presented as evidence by the applicant for a grading or stockpiling permit. (2) At the option of the applicant, the applicant may either file a bond guaranteed by a surety company duly authorized to transact business within the State, or the applicant may deposit cash or letter of credit in lieu of a bond. No interest shall be paid by the County on such cash deposit. The provisions herein relating to a surety bond shall be equally applicable to a cash deposit pledged as a bond. (b) Amount of bond. The amount of the bond shall be based on the number of cubic yards of material in excavation, fill, or stockpiling, whichever is the greatest volume. The amount of the bond shall be computed as set forth in the following schedule: 0