(A) Performance bonds or irrevocable letters of credit for storm water treatment BMPs.
(1) Prior to the issuance of any permit, the applicant will be required to file with the town a faithful performance bond, letter of credit, or other improvement security, to insure that the storm water practices are timely and properly installed by the permit holder, as required by the approved storm water management plan.
(2) The performance security shall contain forfeiture provisions for failure to complete work specified in the storm water management plan. The amount of the installation security shall be the total estimated construction cost plus 20% of the storm water management practices approved under the permit, including but not limited to:
(a) Total installed cost for storm drain pipe, culvert, manhole, and box inlet installation;
(b) Total cost for site filling and grading, including construction of open drainage swales and detention/retention facilities, landscaping; and
(c) Engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(B) Maintenance bonds.
(1) Prior to the release of the performance surety, a maintenance surety will be required.
(2) This surety will be in an amount deemed sufficient by the MS4 Operator to cover all costs of maintenance of improvements, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site, and to cover a period of two years from the date of acceptance by the administering authority.
(C) As-built documents required.
(1) As part of the final acceptance process, as-built documents, being plans and calculations of the as-built conditions, of the storm water facilities shall be submitted to the administering authority, as set forth herein, for each of the following types of developments:
(a) All platted subdivisions.
(b) All industrial and commercial sites.
(2) As-built drawings shall be prepared and certified, by either a registered land surveyor or a professional engineer licensed in the State of Indiana, and provide the following information:
(a) Building pad elevations;
(b) Structure inverts, pipe inverts, top-of-casting elevation and the flow line of rear and/or side yard swales, at 50-foot intervals or at lot lines;
(c) Horizontal alignment of storm drain pipes, culverts, streets, and storm drain structures, to a minimum accuracy of plus or minus two feet;
(d) The horizontal location and/or bank cross-sections for all detention/retention facilities, or other information sufficient to verify that the constructed detention/retention facility provides the required minimum runoff storage volume;
(e) A tag reference to the operations and maintenance manual for each BMP will be included.
(3) All as-built plans shall be submitted in both an approved digital format and a paper copy.
(a) The digital submittal will be in a format compatible with Lake County's Geographical Information System (GIS) database.
(b) If notice of non-compliance is not given within 30 calendar days from the date of submission of the as-built documents, they shall be construed as approved.
(D) Release of sureties.
(1) Notice of the scheduled date for completion of construction shall be provided to the administering authority at least 72 hours prior to its planned completion.
(2) The contractor or owner will schedule the final inspection with the administering authority's observer.
(3) A bond or letter of credit will not be released by the Town Council until final approval and acceptance of all improvements has been made.
(Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19)