(a) If a Comprehensive Storm Water Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a surety bond of one hundred percent (100%) of the total stormwater management project cost, has been deposited with the Village of New Concord Finance Department. This surety bond shall be posted for the Village of New Concord 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 Village of New Concord administrative fees, when the following three criteria are met:
(1) After eighty percent (80%) of the lots of the project have been complete or one hundred percent (100%) of the total project has been permanently stabilized or three (3) years from the time of permanent stabilization have passed.
(2) An As Built Inspection of all water quality practices is conducted by the Village Engineer.
(3) A Inspection and Maintenance Agreement signed by the developer, the contractor, the Village of New Concord, and the private owner or homeowners association, who will take long term responsibility for these BMPs, is accepted by the Village Engineer.
(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 of New Concord may use the bond monies to fix any outstanding issues with all storm water 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. 2019-5. Passed 12-9-19.)