(A) For all commercial or residential developments, a cash bond must be posted for the village to perform any storm water management and/or erosion and sediment control-related obligations otherwise to be performed by the owner of the construction site as stated in this regulation. This bond shall finance all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The bond may be used for construction activity, engineering fees and administrative costs.
(B) The cash bond required by this regulation shall be included as a part of the bond required by §§ 151.023(E)(3)(b)1. and 151.083(C) of the Subdivision Regulations.
(C) The portion of the bond dedicated to storm water management and erosion and sediment control- related obligations must be in an amount adequate to finance all required work, and shall be, at a minimum, as follows: for a commercial site smaller than one acre: $5,000; for a commercial or residential site one acre or larger: $10,000 plus $1,500 for each additional acre (rounded-up to the whole acre).
(D) During the final inspection, as described in § 151.082(B)(3), the Village Engineer will check that the site has been permanently stabilized. Prior to final inspection, any required as-built drawing and long-term inspection and maintenance agreement must have been accepted by the Village Engineer.
(E) No soil-disturbing activities shall be permitted until the bond has been posted. Prior to utilizing the bond to perform storm water management or erosion and sediment control obligations, the Village Engineer will issue violation letter(s) in accordance with § 153.13, the Violations section of this regulation. If a stop-work order is issued, the bond may be utilized by the village to finance corrective action. The stop-work order will not be lifted until the site has been brought into compliance with this regulation. The Village Engineer may request additional funds be posted into the bond in the case that the initial bond was not adequate to fund the required corrective action. After the site is brought into compliance, the owner of the site must repost the Bond in the amount required by this regulation.
(F) For an individual residential lot in which § 151.023(E)(3)(b)1. may not require that a bond be posted, the Village Engineer may still issue violation letter(s) in accordance with § 153.13, the Violations section of this regulation, if the site is not compliant with this regulation. If a stop-work order is issued, construction activity will be ordered stopped until the site is brought into compliance with the regulations of the village and the Village Engineer has determined that work may resume.
(Ord. 60, passed 12-5-07)