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§ 52.12 STORMWATER DESIGN MANUAL.
   The County Planning and Development Department may furnish additional guidance and standards for the proper implementation of the regulations of this chapter and may provide such information in the form of a Stormwater Design Manual. Stormwater management practices that are designed, constructed, or maintained in accord with the Stormwater Design Manual must be presumed to comply with these regulations; however, the Stormwater Administrator shall have the right to consult other engineers and duly qualified professionals, and to impose any conditions or require any modifications deemed necessary to meet the purpose, intent and requirements of this chapter.
(2013 Code, § 20-13)
§ 52.13 CONSTRUCTION AND MAINTENANCE.
   (A)   Stormwater management facilities shall be constructed in accordance with approved plans and maintained in proper working condition. The applicant/property owner is responsible for ensuring that the construction of drainage structures and stormwater management measures are completed in accordance with the approved plan and specifications. Inspections which may be performed by the county during construction will not relieve the developer of the responsibility to install stormwater management and drainage facilities in accordance with the approved plan.
   (B)   In response to a complaint, or as a compliance check with the requirements of the ordinance, the Stormwater Administrator or the designee shall perform a physical inspection of the construction of drainage structures and stormwater management measures, or monitor long-term maintenance procedures.
   (C)   The property owner will be notified in writing of any substandard and/or non-conforming work identified by the Stormwater Administrator. The notification shall state the specific work that is out of compliance, the specific reasons for noncompliance, and the corrective measures necessary to bring the work into compliance.
   (D)   Failure of the property owner or developer to correct substandard and/or nonconforming work identified by the Stormwater Administrator shall be sufficient reason to refuse or revoke building permits, and/or deny occupancy permits for buildings serviced by said work. Appeals on determination of nonconforming or substandard work and/or the adequacy of the corrective measures executed shall be made in accordance with § 52.06. Pending the ruling on the appeal, the determination of the Stormwater Administrator remains in effect.
   (E)   Revisions which affect the intent of the design or the capacity of the system shall require prior written approval by the Stormwater Administrator.
(2013 Code, § 20-14)
§ 52.14 PERFORMANCE SECURITY AND MAINTENANCE.
   (A)   The county will require the submittal of a surety performance bond made by a surety bonding company licensed and authorized to do business in the state, a bond of the owner/developer with an assignment to the county of a certificate of deposit as security for the bond, a bond of the owner/developer by an official bank check drawn in favor of the county and deposited with the county, or cash or an irrevocable letter of credit deposited with the county prior to issue of a permit in order to ensure that the stormwater system is installed by the developer and functions as required by the approved stormwater plan.
   (B)   The amount of an installation performance security shall be the total estimated construction cost of the system and devices approved under the permit, plus 25%.
   (C)   The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant in accordance with this chapter.
   (D)   Upon default of the applicant to construct, maintain, repair, and if necessary reconstruct any stormwater device in accordance with the applicable permit, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the applicant to comply with the permit. In the event of a default triggering the use of installation of performance security, the county shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
   (E)   If the county takes action upon such failure by the applicant, the county may collect the difference should the amount of the reasonable cost of such action exceed the amount of the security held. This difference will be collected from the applicant.
   (F)   Within 60 days of the final approval, the installation performance security shall be refunded to the applicant or terminated.
(2013 Code, § 20-15)
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