1007.12 MAINTENANCE AND FINAL INSPECTION APPROVAL.

   To receive final inspection and acceptance of any project, or portion thereof, the following must be completed by the applicant and provided to the City:

   (a)   Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the Engineer and per the approved Comprehensive Stormwater Management Plan. Permittees are responsible for assuring all post-construction practices meet plan specifications and intended post-construction conditions have been met (e.g., sediment removed from, and sediment storage restored to, permanent pools, sediment control outlets removed and replaced with permanent post-construction discharge structures, and all slopes and drainageways permanently stabilized), but are not responsible under this permit for operation and maintenance of post-construction practices once coverage under this permit is terminated.

   (b)   An As-Built Certification, including As-Built Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the stormwater control measures, as designed and installed, meet the requirements of the Comprehensive Stormwater Management Plan approved by the Engineer. In evaluating this certification, the Engineer may require the submission of a new set of stormwater practice calculations if he/she determines that the design was altered significantly from the approved Comprehensive Stormwater Management Plan.  The As-Built Survey must provide the location, dimensions, and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.

   (c)   A copy of the complete and recorded Inspection and Maintenance Plan and Inspection and Maintenance Agreement as specified in Section 1007.08 must be provided to the City.

   A post-construction/transition meeting must be held with the City, property owner, project engineer, contractor, and staff in charge of maintenance of the stormwater control measure (SCM) to discuss design, construction, long-term operation and maintenance and annual inspections/reports for the community after SCM is constructed and before a notice of termination (NOT) is submitted.  (Ord.  2020-59.  Passed 4-20-20.)

1007.13 ON-GOING INSPECTIONS.

   The property owner shall inspect SCMs regularly as described in the Inspection and Maintenance Plan and Inspection and Maintenance Agreement. The City or its authorized agent has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation. Upon finding a malfunction or other need for maintenance or repair, the City or its authorized agent shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall make repairs or submit a plan with detailed action items and established timelines as required by the Inspection and Maintenance Agreement.

(Ord.  2020-59.  Passed 4-20-20.)

1007.14 BOND.

   (a)   If a Comprehensive Stormwater Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond or performance bond in the amount of ten percent (10%) of the total site construction costs has been deposited by the Site Owner or the Site Owner's Representative with the City Finance Department, with notice to the Engineer. This bond shall be posted for the City to perform the obligations otherwise to be performed by the Site Owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The stormwater bond will be returned, less City administrative fees, when the following three criteria are met:

      (1)   After eighty percent (80%) of the lots of the project have been complete or one hundred percent (100%) of the total project has been permanently stabilized or three (3) years from the time of permanent stabilization have passed.

      (2)   An As-Built Inspection of all stormwater control measures as described in Section 1007.12 is approved by the Engineer.

      (3)   An Inspection and Maintenance Plan has been approved by the City and Inspection and Maintenance Agreement has been signed by the Site Owner, developer, the contractor, the City, and the private owner or homeowners association who will take long term responsibility for these SCMs, is accepted by the Engineer.

   (b)   Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the City may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/ homeowners association for the purpose of long term maintenance of the project.  (Ord.  2020-59.  Passed 4-20-20.)

1007.15 PERMITS AND DEPOSITS.

   Permits and deposits for plan review services and inspectional services shall be in accordance with the provisions and requirements of the Building Code as provided in Chapter 1329 of the Codified Ordinances.    (Ord.  2020-59.  Passed 4-20-20.)

1007.99 PENALTY.

   (a)   Any person who shall violate any section of this regulation shall be guilty of a misdemeanor of first degree and, upon conviction thereof, shall be subject to punishment as provided in Section 1105.99 of the Zoning Code.

   (b)   The imposition of any other penalties provided herein shall not preclude the City from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Building Commissioner.

(Ord.  2020-59.  Passed 4-20-20.)