§ 34.204   FISCAL SURETY
   (A)   The permittee shall be responsible for the installation, good repair and maintenance of all temporary and permanent EPSC BMPs, and ultimate removal of all temporary EPSC measures.
   (B)   Permittees for land disturbance permits issued for house or other structure construction, and do not reside on the property at the time of permit issuance, shall post a letter of credit, a certified check or other performance guarantee for all EPSC facilities, acceptable to the City of Berea.
   (C)   Permittees who reside on the property and are obtaining the permit for land disturbance purposes on their own residential property shall not be required to post a fiscal surety, but are bound by all other requirements of this chapter.
   (D)   When a fiscal surety is required, the surety shall be posted prior to the issuance of the land disturbance permit.
   (E)   The fiscal surety shall be in the amount equal to two times the estimated cost of the EPSC measures, as approved by the City of Berea, but in no case shall be less than fifteen hundred dollars ($1,500.00).
   (F)   Following the period granted to the permittee to complete the installation of the EPSC measures, if the City of Berea finds the required temporary or permanent improvements or control measures have not been installed or maintained properly or are not in good repair or functioning properly, then the city may declare the permittee to be in default if it does not appear that the improvements or controls will be completed or repaired within a reasonable time. Upon declaration of default, the City of Berea shall demand such amounts form the surety as required to remedy the default.
   (G)   Request for release of surety may be made after the City of Berea makes an inspection of the property and determines that final stabilization has been established, and issues a Certificate of Stabilization.
(Ord. No. 24-14, § 1, 12-16-14)