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(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)
(A) The county may not approve a record plat, or in the case of single-lot development not requiring a record plat may not issue a building permit, until those stormwater improvements required of the developer have been completed or a performance guarantee has been provided.
(B) Upon completion of required improvements, the design professional must submit as-built plans, or certify the existing plans as-built if no changes have occurred, of the installed stormwater improvements to the Stormwater Administrator. These plans must indicate that stormwater improvements were constructed in accordance with the county ordinance and approvals.
(2013 Code, § 20-17)
All stormwater improvements must be maintained so they will continue to serve their intended functions.
(A) The developer must maintain stormwater improvements until accepted by a property owners association or lot owner. The developer must disclose which party will be responsible for continued maintenance on the record plat and on the stormwater management plan. The developer will be responsible for the installation, operations, and maintenance of the stormwater controls until ownership is conveyed. The responsibility and agreement for operations and maintenance for the stormwater system is transferred with title, as each property is conveyed.
(B) Before improvements are accepted for maintenance by the property owner’s association or lot owner, the developer or the developer’s engineer or landscape architect must certify to the property owners association or lot owner and to the county that improvements are complete and functioning as designed.
(C) The developer must record, and reference on the record plat, an operations and maintenance plan that instructs the property owners association or lot owner about the annual operations and maintenance tasks for at least a 20-year period.
(D) (1) The person responsible for maintenance of any stormwater structure or feature installed pursuant to this chapter shall submit to the Stormwater Administrator an inspection report annually from a qualified registered state professional engineer, surveyor, or landscape architect performing services only in their area of competence.
(2) The report shall contain the following:
(a) The name and address of the laud owner;
(b) The recorded book and page number of the lot of each stormwater control;
(c) A statement that an inspection was made of all stormwater controls and features;
(d) The date the inspection was made;
(e) A statement that all inspected controls and features are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this chapter; and
(f) The signature and seal of the engineer, surveyor, or landscape architect.
(3) All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as-built certification and each year thereafter on or before the date of the as-built certification.
(4) It will be the responsibility of the property owners association or lot owner to update the plan annually.
(E) The developer must record and reference on the record plat a maintenance agreement, or restrictive covenant that sets forth the property owner’s association’s or lot owner’s continuing responsibilities for maintenance, including specifying how cost will be apportioned among lot owners served.
(F) The maintenance agreement must provide that the association and its individual members are jointly and severably liable for maintenance.
(G) The developer must record easements for access, maintenance, and inspections by any property owners association and by county government.
(H) All maintenance documents required by this chapter must be submitted to the Stormwater Administrator before record plat approval, and such documents must be referenced on the record plat, or, in the case of single-lot developments not requiring record plats, documentation must be submitted to the Stormwater Administrator before building permit issuance.
(2013 Code, § 20-18)
Civil penalties may be imposed as follows.
(A) Any person who violates any of the provisions of this chapter, or rules or orders adopted or issued pursuant to this chapter, or who initiates or continues a development for which a stormwater plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation of this chapter is $27,500 per day. Each day of a continuing violation shall constitute a separate violation. Additional fees may be charged for remedies and enforcement of this chapter.
(B) No penalty shall be assessed until the applicant has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation can be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action.
(C) If the violation has not been connected within the designated time period, a civil penalty may be assessed from the date the violation is detected.
(D) Refusal to accept the notice or failure to notify the Stormwater Administrator of a change of address shall not relieve the violator’s obligation to pay such a penalty.
(E) The Stormwater Administrator or other authorized agent may refuse to issue a certificate of occupancy for any building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant has taken the remedial measures set forth in the notice of violation and cured the violations described therein.
(2013 Code, § 20-7)