Land Development Bonds FAQs
1. What is a bond?
Land Development bonds and sureties are an upfront payment by the developer, builder or owner. The bond guarantees that the required public improvements to the site will be made at the developer’s expense within the required time frame. It also guarantees projects will be completed based on applicable ordinances of the Town of Huntersville, as well as the Land Development guidelines, compliance code and ordinances.
2. When is a maintenance bond required?
A maintenance bond is required in instances of roadway maintenance for public roads and of BMPs that have approved as-builts.
3. When is a construction bond required?
A construction bond is required when an incomplete project is being developed and it requires public improvements, recordation, certificate of occupancy and compliance with requirements of the Town Land Development.
4. What types of public improvements are bonded?
Bonds are required for sidewalks, curb, gutter, access easements, storm drains, subdivision streets, commercial streets, street signage, street lights, trees, detention basins, detention ponds, planting, erosion control measures, planting, barricades, concrete monuments and structures, street trees, all infrastructure public improvements and all other items specified by the Town.
5. When is a bond required?
A bond is required for subdivision plat recordation, when a commercial certificate of occupancy is needed, to release a Land Development hold on a project, and to allow real estate transactions to take place before site improvements are completed and in place.
6. What types of bonds are accepted?
Approved bonds include Letter of Credit (bank issued), Surety Bond (insurance entity) and Cash Method (money order or certified check payment.)
7. Who places a bond?
The bond can be placed by the project developer, land owner or builder.
8. How long is a bond effective and when is it released?
A bond stays in place and renews yearly as required until the project is inspected, completed and approved by the Land Development Town authority. A bond is released when the Town Land Development inspects the completed project and approve the release.
9. What if the project does not require a plat but does require a bond?
Examples of projects that require a bond but not a plat include zoning, BMPs without as-builts, and maintenance bonds. When a bond is required but not a plat, follow the Bond Process for a construction bond.
11. What is the appropriate verbiage for the bank to use for Letters of Credit?
Provide this document to the financial institution that will generate the letter of credit. The bank or financial institution is to:
• complete the fillable fields on the document
• place the verbiage on the bank or financial institution’s letterhead
• print the document for signatures.
The verbiage listed on the Approved Bank Wording for Use in Letters of Credit must be included on all Letters of Credit submitted to the Town Land Development. Submission of any other verbiage will be reviewed by Town’s attorney at additional cost to the applicant.
12. Where do I get the required Guarantee of Installation form?
• Letter of Credit - complete the Form BA071902 Fill in the gray form fields and print the document for signatures. Guarantee of Installation forms will not be accepted if they have been modified in any way.
• Surety - complete the Form BA071901 Fill in the gray form fields and print the document for signatures. Guarantee of Installation forms will not be accepted if they have been modified in any way.
• Cash - complete the Form BA071903 Fill in the gray form fields and print the document for signatures. Guarantee of Installation forms will not be accepted if they have been modified in any way.