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(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.)
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 city engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the city 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 practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two (2) days.
(Ord. 22-22. Passed 3-16-22.)
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. 22-22. Passed 3-16-22.)
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