§ 152.23 PERFORMANCE BOND OR PERFORMANCE SECURITY.
   (A)   The county shall, at its discretion, require the submittal of a performance security or performance bond prior to issuance of a permit to ensure the permit holder conforms to the conditions and requirements of the approved stormwater pollution prevention plan. The amount of the performance security or performance bond shall be the total estimated construction cost of the structural and non-structural BMPs approved under the permit plus 10% of the total estimated costs. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater pollution prevention plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment, or rejection by the County Planning and Zoning Department. Alternatively the County Planning and Zoning Department shall have the right to calculate the cost of construction cost estimates.
   (B)   The performance security or performance bond shall be submitted and accepted by the County Planning and Zoning Department prior to the issuance of a building permit by the county.
   (C)   The performance security or performance bond shall be released in full only upon submission of record drawings and written certification by a registered professional engineer licensed to practice in this state that the structural and non-structural BMPs have been installed in accordance with the approved plan and other applicable provisions of this chapter. The County Planning and Zoning Department will make a final inspection of the BMPs to ensure it is in compliance with the approved plan and the provisions of this chapter prior to the release of the performance bond or performance security. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages may be made at the discretion of the County Planning and Zoning Department.
   (D)   Occupation permits will not be granted until all corrections to all BMPs have been made and accepted by the County Planning and Zoning Department.
(Res. O-62-9-06, passed 9-14-2006; Ord. O-134-12-19, passed 12-12-2019)