(a) If a Comprehensive Stormwater Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a one hundred percent (100%) performance bond or other satisfactory security has been provided to the City of Ontario. The City Engineer shall approve the sufficiency of the bond and the Law Director shall approve the bond as to form. This bond shall be posted for the City of Ontario 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.
(b) The bond or other security required by this section shall be equal to one hundred percent (100%) of the estimated cost of the storm water management facilities included in the Comprehensive Storm Water Management Plan submitted under Chapter 937.
(c) Storm drainage facilities and control structures that are being constructed as part of a subdivision subject to the subdivision regulations of the City shall be considered as an improvement. As such, they shall be subject to the bonding requirements therein and this section of the Stormwater Management Regulations shall be waived. The value of the stormwater drainage facilities shall be included in the amount of the performance bond for the subdivision improvements.
(d) The stormwater bond will be returned, when the following three criteria are met:
(1) One hundred percent (100%) of the total project has been permanently stabilized.
(2) An As-Built Inspection of all stormwater control measures as described in Section 937.12 is approved by the city engineer.
(3) An Inspection and Maintenance Plan has been approved by the City of Ontario and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Ontario, and the private owner or homeowners association who will take long term responsibility for these SCMs, is accepted by the city engineer.
(Ord. 22-22. Passed 3-16-22.)