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A. Performance Security. For all applications for permits allowing clearing, grading, and stormwater management, the Director shall require the applicant to establish a security of the type specified in accordance with IMC 18.206.020 to be posted prior to issuance of the permit to guarantee the completion of the work in accordance with the approved plans, specifications, and permit conditions. The amount of said security shall be equal to 150 percent of the estimated cost of construction of all items of work outside of any habitable structures which contribute to soil or geologic structure stability, control of drainage, habitat restoration or permanent erosion control, and shall include, but not be limited to, site clearing and grubbing, excavation, fill, import of structural fill, export and disposal of unsuitable materials, retaining walls, rockeries, surface and subsurface drainage systems, stormwater facilities, curbs, gutters, paving, restoration of vegetation, surface treatment of slopes, habitat restoration and enhancement plantings, and other items as may be required by the Director.

The performance guarantee security shall be maintained in full until the work has been completed and all possibility of erosion has passed. Should the permittee fail to complete the work in accordance with the approved plans, specifications and permit conditions, the City may enter the property and cause the work to be completed and shall be reimbursed for all expenses so incurred from the proceeds of the security.

B. The Director shall require the applicant to post adequate cash security to assure compliance with the terms of the approved permit for sediment and erosion control, including an amount necessary to cover failure to maintain the erosion and sediment control facilities and the associated costs by the City to repair and mitigate impacts created by such failure. The amount of security to be posted upon permit application shall be found in IMC 3.65.040 and as follows:

1. Any project involving highly erodible soils; project features or construction methods that could create higher levels of erosion and sedimentation; or downstream receiving waters or sensitive areas that would require a large effort to mitigate the impacts created by a failure of an erosion and sediment control facility: $5,000 or as appropriate as determined by the Public Works Director.

2. The Director may waive the security deposit for projects of short duration with negligible potential impacts or for other special circumstances. This does not exempt the applicant from complying with the requirements of this chapter. (Ord. 3023 § 27, 2023; Ord. 2783 § 3 (Exh. A3), 2016; Ord. 2560 § 3 (Exh. A2), 2009; Ord. 2487 § 1, 2007).