1339.15 BOND.
(a) If a Comprehensive Stormwater Management Plan is required by this regulation, soil- disturbing activities shall not be permitted until a cash bond of ten percent (10%) of the total project cost has been deposited with the City of Highland Heights Finance Department. This bond shall be posted for the City of Highland Heights to perform the obligations otherwise to be performed by the 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 the City of Highland Heights administrative fees as detailed in Chapter 1339 of the City of Highland Heights Codified Ordinances, when the following three criteria are met:
(1) The site has been stabilized, temporary BMPs have been removed, and the sediment settling basin has been converted to or replaced with post-construction SCM(s) and one of the following conditions are met:
A. One hundred percent (100%) of the total project has achieved permanent stabilization.
B. Less than one (1) acre of lots remain unbuilt.
C. No development activities have occurred for one (1) year.
(2) An As-Built Certification of all SCMs is approved by the City of Highland Heights Engineer.
(3) An Inspection and Maintenance Plan has been approved by The City of Highland Heights and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Highland Heights, and the private owner or homeowners' association who will take long term responsibility for these SCMs, is accepted by the City of Highland Heights.
(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 of Highland Heights 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. 15-2022. Passed 6-14-22.)