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   1128.15 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 Village Finance Department. This bond shall be posted for the Village 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 Mayfield Village administrative fees as detailed in Chapter 1128 of the Village's Codified Ordinances, when the following three (3) 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 Village Engineer.
      (3)   An Inspection and Maintenance Plan has been approved by the Village and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the Village, and the private owner or homeowners' association who will take long term responsibility for these SCMs, is accepted by the Village.
   (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 (3) years of permanent stabilization of the site, the Village 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. 2022-18. Passed 10-17-22.)
   1128.16 INSTALLATION OF WATER QUALITY STORMWATER CONTROL MEASURES.
   The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the Village Engineer. This occurs after the completion of the final grade at the site, after all the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the Village Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these SCMs, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two (2) days.
(Ord. 2022-18. Passed 10-17-22.)
   1128.17 VIOLATIONS.
   No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation. (Ord. 2022-18. Passed 10-17-22.)
   1128.18 APPEALS.
   Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with Ohio Revised Code Chapter 2506. Written notice of appeal shall be served on the Village.
(Ord. 2022-18. Passed 10-17-22.)
   1128.99 PENALTY.
   (a)   Any person, firm, entity, or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
   (b)   The imposition of any other penalties provided herein shall not preclude the Village from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village.
(Ord. 2022-18. Passed 10-17-22.)