When a bond is required for grading or stockpiling permits

Bond Required. A grading permit or stockpiling permit shall not be issued unless the permittee shall first post a bond conforming to the requirements of this Section, for the benefit of the County of Kaua'i, except that a bond is not required for grading fewer than five hundred (500) cubic yards that is not for retaining wall construction within the setback distances from the lot line for cut or fill slope. If the proposed grading or stockpiling is to be performed under an approved subdivision final map and a subdivision agreement or bond or other security has been approved and accepted by the County under the subdivision rules and regulations of the County of Kaua'i and which covers the grading or stockpiling work, then the County Engineer shall not require a bond for grading or stockpiling. A copy of the approved and accepted subdivision bond or other security shall be presented as evidence by the applicant for a grading or stockpiling permit. At the option of the applicant, he or she may either file a bond guaranteed by a surety company duly authorized to transact business within the State of Hawai'i, or he or she may deposit cash, certified check, certificate of deposit, stock or other securities, in lieu of a bond. No interest shall be paid by the County on cash deposits. The provisions in this Article relating to a surety bond shall be equally applicable to a cash deposit pledged as a bond.Amount of Bond. The amount of the bond shall be in an amount equal to fifty percent (50%) of the total cost of all work and services required to complete all of the work under the grading, grubbing or stockpiling permit as approved by the County Engineer. Cost estimates prepared by the permittee shall be subject to approval by the County Engineer to determine the exact amount of the bond. The amount of the bond for a permit which is retroactively applied for pursuant to Section shall be one hundred percent (100%) of the total cost of all work and services required to complete all of the work under the grading or stockpiling permit as approved by the County Engineer.Purposes and Conditions.The purpose of the bond shall be to insure that the work under the permit:Is completed in a manner which fulfills the requirements of this Article and any conditions imposed under the permit; orShould the work be abandoned prior to completion, is restored to a condition that: is consistent with the standards contained in this Article; minimizes any damages to any other properties, public ways or structures; protects the public health, safety or welfare; and satisfies any other applicable laws, ordinances, rules, regulations or validly issued governmental permit.Each bond shall provide that the surety shall be held and firmly bound unto the County of Kaua'i to accomplish the purposes of the bond and to pay for any work necessary to accomplish such purposes and the surety company shall not terminate or cancel the bond until notified in writing by the County Engineer.Nothing herein shall require the County of Kaua'i to do any work or expend any funds to accomplish the purposes of the bond other than that which can be paid for out of the proceeds of the bond.Period and Termination of Bond. The term of each bond shall begin upon the date of issuance of the permit and shall remain in effect for a period of thirty (30) days after certification by the County Engineer that the work has been completed. Stockpiling shall be removed and properly disposed of and the bared area shall be immediately grassed. Upon issuance of the certificate the County Engineer may authorize the reduction of the penal sum of the bond to an amount deemed by the County Engineer to insure the acceptability of the work. In the event of failure to complete the work or failure to comply with all of the conditions and terms of the permit, the County Engineer may enter in an agreement for the completion of any and all work to meet the requirements of the permit or to comply with this Article without termination of the bond. The surety and permittee shall be liable and shall pay for all necessary costs and expenses that may be incurred or expended by the County of Kaua'i in causing any and all of the required work to be done.