Performance and Proffer Bonds
There are three components to bonding: The plans, the agreement and the collateral. Phased development is a common method of breaking up the bonding amount and this may result is multiple agreements and collateral for a single set of plans. For improvements shown on Construction Plans and Profiles, the Facilities Standards Manual allows bonding to be completed prior to recordation of plats showing the improvements. Bonding for improvements shown on Site Plans or Site Plan Amendments must be completed before final approval.
If you have questions about which performance agreement to use please contact the engineer or planner reviewing your project.
You must have approved plans or an approved bond amount to submit collateral for bonding. Your plan approval letter will contain the approved bond amounts for each phase.
This must meet Loudoun County Standards, as defined in Section 8.300 of the Facilities Standards Manual. Cash is accepted in the form of a Cashier's Check or a Certified Check only.
Submitting New Bonds
Bonding documents must be fully executed (signed and notarized) before they can be reviewed. You must submit the fully executed collateral agreements, the approval letter for the plans (CPAP, STPL, etc.), a copy of plat (SBRD, ESMT, DEDI, if applicable). You must also include the "Sidewalk Letter," and a copy of the Bond Estimate form. Loudoun County has developed several different performance agreement templates for the different types of work being guaranteed. The language of these agreements may not be changed.
Throughout the life of a bond there are maintenance actions that are required or are requested by the bonded party. As with the performance agreement templates, Loudoun County has developed templates for various actions throughout the life of the bond.
- Once all of the work is complete, you can request release of the bond. No bond shall be released from a Performance Agreement that is in default.
- If your project contains privately maintained roads or storm water ponds, you must provide a Latent Defect and Indemnification Agreement and Bond.
- Release of cash bonds may take up to four weeks once the release is authorized by the Director of the Department of Building and Development.
|LDIA Streets||Your project is completed and your project contains privately maintained roads||LDIA Agreement Form - Private Streets (PDF)|
|LDIA Ponds||Your project is completed and your project contains storm water ponds||LDIA Agreement Form - Bonded Pond (PDF)|
|Performance Bond Release Certification||Your project is complete and certification is required for performance bond release.||Performance Bond Release Certification (DOC)|
|Plan||Condition / Improvement Bonded||Agreement|
|SMRA||Plans contain any right-of-way to be dedicated to Loudoun County and maintained by VDOT.||State Maintained Roads Agreement (PDF)
|PMRA||Roads and / or Ponds are to be exclusively privately maintained (for example, by an HOA). This form has been revised to also cover the Latent Defect Discovery Period. May not be used for public roads or proffered improvements.||Privately Maintained Roads Agreement (PDF)
|SPPA||You are bonding improvements shown on a Site Plan or a Site Plan Amendment. May include improvements pursuant to an associated special exception condition of approval (bonded at 100 percent).||Site Plan Performance Agreement (PDF)
|PPA||Your plans show improvements proffered with a rezoning.||Proffer Performance Agreement (PDF)
|SWMA||In addition to one of the agreements above, you must also produce this agreement if your plan shows stormwater management features to be maintained by Loudoun County.|
|FMPA||In addition to one of the agreements above, you must also produce this agreement if your plan shows manufactured filtration devices and systems to be maintained by Loudoun County.||Facilities Maintenance Performance Agreement (PDF)
|Sidewalk||In addition to one of the agreements above, submit this letter if your plans include sidewalks within the right-of-way to be maintained by VDOT||Standard Sidewalk Letter (DOC)