(a) All permanent storm water, soil erosion, other wastes control, and water quality practices not specifically waived by the City shall be constructed prior to the granting of final acceptance. Upon the request of the owner, the City may allow the construction or installation of a permanent storm water, soil erosion, sediment, or other wastes control or water quality practice to be deferred where, in the City Engineer's judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures. In such event, the City shall require a security bond, escrow account, certified check or cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six months after the final acceptance.
(b) The owner will provide a maintenance guarantee for all permanent improvements, and soil erosion, wastes controls, and water quality practices.
(c) The Guarantee. The construction and maintenance guarantee will be in the form of a security bond, escrow account, verified check or cash to guarantee that the planned temporary and permanent soil erosion, sediment, and other wastes controls and water quality practices will be constructed and removed in a timely manner, as determined by the City Engineer. The security bond, escrow account, verified check or cash will be in the total amount of both the performance guarantee and the maintenance guarantee. The City may require performance bonds or other guarantees for water management improvement as stated in Section 711.101 of the Ohio Revised Code. The security bond, escrow account, verified check or cash shall be deposited with the City prior to review by the City Engineer and its consultants to cover professional services of the City Engineer, Building Commissioner, Building Inspector and any other experts required by the City Engineer, City Council, Mayor or reviewing board or commission.
(1) No soil disturbing activities shall be permitted until the guarantee has been posted to the satisfaction of the City Engineer.
(2) The guarantee will be maintained in an amount of not less than 120 percent of the estimated cost to construct all temporary and permanent storm water BMPs. The estimate shall be certified by a licensed professional engineer and approved by the City Engineer.
(3) The guarantee will be used by the City to complete any construction or removal of improvements or temporary and permanent soil erosion, sediment, and other wastes control practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the City Engineer.
(d) Time Extension. The City Engineer may extend for cause the time allowed for the installation of the improvements for which the guarantee has been provided with the receipt of a written request from the owner.
(e) Completion. The owner shall notify the City Engineer upon completion of all construction improvements or temporary and permanent soil erosion, sediment, and other wastes control practices and the removal of the temporary soil erosion, sediment, and other wastes control practices for which the guarantee has been provided.
(f) Final Acceptance. The City will grant final acceptance and release the performance guarantee when the following criteria are met:
(1) Final stabilization is achieved, as approved by the City Engineer;
(2) All water quality BMPs are installed and functioning as per the approved SWMP, as witnessed by the City Engineer during an as -built inspection;
(3) An as -built SWMP is approved by and filed with the City Engineer, which as -built SWMP shall include, at a minimum:
A. Location and dimensions of all permanent BMPs;
B. Maintenance requirements of each BMP;
C. Identification of the entity responsible for long -term maintenance; and
D. Signature, seal and date approved by a professional engineer.
(g) An approved inspection and maintenance agreement shall be filed with the City Division of Housing and Building. The agreement must be signed by the contractor, City and the private owner or homeowners association who will take long -term responsibility for the pernanent BMPs.
(h) The maintenance guarantee bond shall be maintained for a period of not less than two years after final acceptance of the storm water, soil erosion, sediment, and other wastes control practices in an amount equal to 20 percent of the estimate approved by the City Engineer, of the construction and, where necessary, removal of such practices.
(i) Slow Release Devices. Performance and maintenance guarantees will be maintained on the temporary sediment removal slow release devices installed in detention and retention basins until the entire site has reached final soil stabilization. Final stabilization in single-family residential developments is when 90 percent of the homes are constructed with their lawn completely installed and nay remaining unbuilt lots having been permanently stabilized with a uniform ground cover at a growth density of 80 percent or better.
(j) Release. The construction maintenance guarantee shall not be released by the City until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of and any trapped sediment has been stabilized.
(Ord. 28-14. Passed 12-15-2014.)