(a) As-built plans and certification. When construction is complete, the applicant shall submit to the Department as-built plans and an as-built certification prepared by a design professional. At a minimum, the as-built certification shall include a set of drawings comparing what was constructed to the approved stormwater management plan and shall meet the latest as-built submittal requirements set by the Department. The Department may require any additional information that is necessary to determine that the work complies with the approved stormwater management plan.
(b) Certificate of occupancy. A certificate of occupancy may not be issued until the required stormwater management system is completed to the satisfaction of the Department.
(c) Two-year warranty; best management practice to be owned or maintained by homeowner's association.
(1) Scope. This subsection does not apply to a best management practice that is installed by the County, Board of Education, or a public utility, or that is not required for a new development or a redevelopment project.
(2) Warranty. At the time of submission of as-built plans and certification as required by subsection (a), the applicant shall provide a written warranty of any best management practice that will be owned or maintained by a homeowner's association. The warranty shall run for a period of two years from the date of the Department's final approval of the as-built plans, or as extended under paragraph (6).
(3) Form of warranty. The form and content of the warranty provided by the applicant shall be in a form acceptable to the Department and shall warrant that any best management practice to be owned or maintained by a homeowner's association complies with all applicable requirements. The warranty shall include verification that the applicant has reserved a right of entry onto the property to conduct repairs or restoration to a best management practice.
(4) Security. The warranty shall be accompanied by a security posted by the applicant in the form approved by the Department. The security shall be in an amount equal to the construction costs as estimated at the time of issuance of the grading permit for any best management practice that will be owned or maintained by a homeowner's association and shall secure any repair or restoration until the two-year warranty, as extended, expires.
(5) Inspection. At intervals at the discretion of the Department during the warranty period and upon final inspection prior to the release of the warranty, the Department shall inspect any best management practice that will be owned or maintained by a homeowner's association. The inspections shall include all required elements of a maintenance inspection described in the County Procedures Manual. If the Department determines that any repair or restoration to a best management practice is required, the Department shall issue a notice to the applicant.
(6) Extension of warranty. If an applicant is issued a notice from the Department during the two-year warranty period to repair or restore a best management practice, other than for routine maintenance and upkeep, the warranty and security shall be extended for one additional year beyond the original two-year period. If an applicant is issued a notice during an extended warranty period to repair or restore a best management practice, other than for routine maintenance and upkeep, the warranty and security shall be extended for one additional year beyond the extended warranty period. The total length of the warranty period, including extensions, shall not exceed four years.
(7) Forfeiture of security. If an applicant fails to repair or restore a best management practice as directed by the Department, the security shall be forfeited to the County. If the County's cost to complete the work to repair or restore a best management practice is greater than the amount of the security, the excess cost shall be billed to the applicant.
(8) Release.
(i) The Department shall conduct a final inspection at least 30 days prior to the expiration of the warranty period, as extended, to ensure the best management practice functions as designed. If, on final inspection, no repair or restoration of the best management practice is required, the security provided under this section shall be released upon expiration of the warranty period, as extended.
(ii) If the warranty is extended beyond the original two-year warranty period and if the Department determines that a partial release of the security will not impair implementation of the written warranty, the Department may allow a partial release, not to exceed 75% of the total security required by the warranty. A partial release of the security does not relieve the applicant of its obligations to repair or restore the best management practice or its liability under paragraph (7).
(Bill No. 58-10; Bill No. 67-20)