Subdivision (Road and Water & Sewer) Bonds

Subdivision bonds are required when roads (public or private) or public utility improvements are proposed. They are required prior to final plat approval if the on-site improvements are not completed refer to Chapter 14 Section 435.

Water Protection Ordinance (WPO) Bonds

A “WPO bond” is required for land disturbing activities, including erosion and sediment control (ESC) measures, stormwater management (SWM) facilities, mitigation, or fill or borrow areas. Bonding is required prior to issuance of the land disturbance permit or building permit, as applicable. Refer to Chapter 17 Section 300 to see if your project is considered a land disturbing activity.

Site Development Bonds

Site bonds are required for site improvements that aren’t completed before issuing a Certificate of Occupancy (CO). The zoning administrator may require that a bond be posted in an amount sufficient for and conditioned upon the completion of the improvements within one (1) year refer to Chapter 18 Section 31.4.

Restoration and Other Miscellaneous Bonds

Other types of bonds may be required for incomplete landscaping, site plan improvements, temporary events, variances, ARB, special use permits, and proffers.

The landowner of the property must be a signatory on all bonds.

The owner must submit a Request to Establish a Bond form with the appropriate fee. Once received, a bond estimate will be calculated by staff and forwarded to the management analyst, who will the contact the landowner to confirm how the bond will be secured. Refer below for the types of security that can be used.

Once the type of security is determined, the County Management Analysist will format the bond agreement(s) and any other supporting documentation (sample letter of credit or certificate of deposit) required to post the bond and provide it to the landowner.

The landowner will complete, execute and submit the bond to the County management analyst, along with any of the applicable supporting documentation, for approval by the county attorney and county engineer or zoning administrator.

• Request to Establish a Bond Form
• Schedule of Completion for Bonded Improvements Form

All bonds are estimated by County staff (or Albemarle County Service Authority staff for utility bonds) using regularly updated unit prices and administration costs for incomplete work. Once the estimate has been prepared, staff will forward the estimate to the management analyst, who will then contact the landowner to coordinate the next steps of posting the bond.

The following types of securities can be used to post a bond.

• Surety with a Bonding Company
• Collateral Assignment of Certificate of Deposit
• Certified or Cashier’s Check
• Letter of Credit
• Personal Check/Company Check

The bond must remain in full force and effect until the bonded improvements have been satisfactorily completed and accepted.

Replacing a bond is like posting a new bond. The replacement bond must be approved and posted before the original bond can be released.

• Request to Replace an Approved Bond Form

All requests for partial or full release of a bond will be made in writing on the Bond Inspection Request form and submitted to the management analyst. An inspection fee is required for each bond, as prescribed by the applicable fee schedule shown on the form. Bonds will not be reduced or released until all outstanding fees have been paid, as applicable.

Additional requirements may apply based of the type of improvements (e.g. Agreement for the Maintenance of Street Signs, sidewalk agreements, etc.).

The provisions provided in Virginia Code § 15.2-2245 (summarized below) apply to all requests for partial, or final release of bonds.

• No more than 3 partial releases in any 12-month period.
• Partial releases will not occur before the completion of at least 30% of the improvements covered by the bond.
• As a matter of County policy, partial releases will be provided in a cumulative amount equal to no more than 80% of the original amount of the surety (20% of the original amount will be retained until full acceptance and release).

Resources

Forms needed for bond reductions or release include the following.

• Bond Inspection Request Form
• Certification of Completion Form
• Roads – Private Road Acceptance Procedure Form
• Roads – Public Road Acceptance Procedure Form
• Roads – Construction Record Drawings (As-built) for Streets Form
• WPO – Construction Record Drawings (As-built) for VSMP Form

Ana Kilmer, Program Administrator
akilmer@albemarle.org
(434) 296-5832 ext: 3246