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Orting Overview
Orting, WA Code of Ordinances
CITY CODE of ORTING, WASHINGTON
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 REVENUE AND FINANCES
TITLE 4 BUSINESS AND LICENSE REGULATIONS
TITLE 5 PUBLIC HEALTH AND SAFETY
TITLE 6 POLICE REGULATIONS
TITLE 7 TRAFFIC AND MOTOR VEHICLES
TITLE 8 PUBLIC WAYS AND PROPERTY
TITLE 9 WATER AND SEWERS
TITLE 10 BUILDING AND CONSTRUCTION
TITLE 11 CRITICAL AREAS AND SHORELINE MANAGEMENT
TITLE 12 SUBDIVISION REGULATIONS
TITLE 13 DEVELOPMENT REGULATIONS
TITLE 14 FLOOD CONTROL
TITLE 15 DEVELOPMENT CODE ADMINISTRATION
ORDINANCE DISPOSITION TABLE
ORDINANCES ADOPTED AFTER 1996 RECODIFICATION
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9-5A-5: ABROGATION AND GREATER RESTRICTIONS:
It is not intended that this article repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this article imposes requirements that provide more protection to human health or the environment, the provisions of this article shall prevail. (Ord. 911, 8-31-2011)
9-5A-6: INTERPRETATION:
The provisions of this article shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this article. (Ord. 911, 8-31-2011)
9-5A-7: APPLICABILITY:
   A.   Conflicts: When any other provision of this Code conflicts with this article, that which provides more environmental or human health protection shall apply unless specifically provided otherwise in this article. If any provisions of the manual, the SPPP or the "LID Manual" as adopted conflict with any provisions of this article, those requirements that provide more protection to human health or the environment shall apply unless specifically provided otherwise in this article.
   B.   Procedures: The Director is authorized to adopt written procedures for the purpose of carrying out the provisions of this article. Adopted administrative procedures will be made available to the public. Prior to the applicant fulfilling the requirements of this article, the City shall not grant any approval or permission to an applicant to conduct a regulated activity including, but not limited to, the grant or approval of one or more of the following:
      1.   Building permit, commercial or residential;
      2.   Binding site plan;
      3.   Conditional use permit;
      4.   Franchise;
      5.   Right-of-Way permit;
      6.   Right-of-way construction permit;
      7.   Clearing and grading permit;
      8.   Planned unit development; preliminary and final);
      9.   Preliminary plat;
      10.   Shoreline development permit;
      11.   Shoreline variance;
      12.   Shoreline conditional use permit;
      13.   Variance;
      14.   Subdivision vacations and alterations;
      15.   Special use permit;
      16.   Utility and other use permit;
      17.   Flood control development permit;
      18.   Cottage Development permit;
      19.   Short plat;
      20.   Master Plan;
      21.   Boundary Line Adjustment;
      22.   Final Plat;
      23.   Rezone;
      24.   Critical Area Exception;
      25.   Architectural Design Review;
      26.   Manufactured Home Park;
      27.   Site Plan; or,
      28.   Any subsequently adopted permit or required approval not expressly exempted by this article.
   C.   Regulated Activities: Regulated activities shall be conducted only after the Director approves a stormwater site plan which includes one or more of the following as required by this article:
      1.   Erosion and sediment control plan;
      2.   Permanent stormwater quality control (PSQC) plan;
      3.   Calculations; and
      4.   Other information as required by the Director or pursuant to the manual.
   D.   Municipal Corporations And Governmental Entities:
      1.   Site Plan: All Municipal corporations and governmental entities shall be required to submit a stormwater site plan for approval and comply with the terms of this article when development of a site is a regulated activity, including, but not limited to, road building and widening, within the areas of the City.
      2.   Outside Permit Conditions: It is recognized that many other City, County, State and Federal permit conditions may apply to the proposed action and that compliance with the provisions of this article does not constitute compliance with such other requirements.
   E.   Submission Or Resubmission Of Plan:
      1.   All persons, including, without limitation, Municipal corporations and governmental agencies, applying for any of the following permits and/or approvals shall submit for approval of a stormwater site plan with their application and/or request:
         a.   Grading permit;
         b.   Substantial development permit required under Revised Code of Washington 90.58 (Shoreline Management Act);
         c.   Subdivision approval;
         d.   Short subdivision approval;
         e.   Rezones;
         f.   Conditional use permits;
         g.   Building permits where the permit relates to five thousand (5,000) or more square feet of development coverage within the property, or where development is in a critical area;
         h.   Planned unit development;
         i.   Mobile home park;
         j.   Development permit pursuant to title 14, "Flood Control", of this Code; and
         k.   Approval pursuant to title 11, "Critical Areas And Shoreline Management", of this Code.
      2.   The same stormwater site plan submitted during one permit/approval process may be subsequently submitted with further required applications. The stormwater site plan shall be supplemented with such additional information that is requested by the Director or required by the provisions of the currently adopted City of Orting development standards and the Stormwater Management Manual.
   F.   Construction Prohibited: Commencement of construction work under any of the above permits, approvals or applications shall not begin until such time as final approval of the stormwater site plan is obtained in accordance with section 9-5A-15 of this article.
   G.   Exemptions: The stormwater site plan requirement established in this section shall apply except when the applicant demonstrates to the satisfaction of the Director that the scope and nature of the proposed land disturbing activity or development:
      1.   Will neither seriously nor adversely impact the water quality conditions of any affected receiving bodies of water; and
      2.   Will not alter the surface discharge location, alter the drainage pattern on adjoining properties, alter drainage patterns, increase the discharge, nor cause any other adverse effects in the drainage area; and
      3.   Will not alter the subsurface drainage patterns, flow rates and discharge points, nor result in any significant adverse effects to property or residents; and
      4.   Is such that review and approval of a stormwater site plan is not necessary to obtain compliance with this article.
   H.   Stormwater Facilities: Stormwater facilities constructed as required by this article shall be maintained in accordance with article B of this chapter.
   I.   Illicit Discharge Detection And Elimination Program: The City's Illicit Discharge Detection and Elimination Program will be implemented in accordance with this article and article B of this chapter.
   J.   Penalties; Charges And Fees: Except as may be otherwise provided herein, monetary penalties, charges and fees to administer these regulations shall be in accordance with article C of this chapter.
(Ord. 911, 8-31-2011; amd. Ord. 2019-1057, 1-8-2020)
9-5A-8: REGULATED ACTIVITIES; EXEMPTIONS:
   A.   Regulated Activities: Land disturbing activities that meet the thresholds under the manual for application of the minimum requirements, new development and redevelopment are regulated activities and shall provide for stormwater management consistent with the minimum requirements unless exempted in subsection B of this section. The Director has the authority to approve or disapprove stormwater facilities required based on the minimum requirements; provided that, compliance with the minimum requirements and related regulations, standards and manuals adopted by the City does not necessarily mitigate all impacts to human health and the environment. In such cases, the applicant must implement additional mitigation to protect human health and the environment.
      1.   Roadway Redevelopment: The following roadway maintenance practices are considered redevelopment and are subject to the requirements of this article:
         a.   Removing and replacing a paved surface to base course or lower, or repairing the roadway base.
         b.   Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders. These are considered new impervious surfaces.
         c.   Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete. These are considered new impervious surfaces.
   B.   Exemptions: The following activities are exempt from the requirements of this article:
      1.   Commercial Agriculture Practices: Commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt.
      2.   Forest Practices: Forest practices regulated under Washington Administrative Code title 222, except for Class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of this article.
      3.   Regulations: Development undertaken by the Washington State Department of Transportation in State highway rights-of-way is regulated by Washington Administrative Code 173-270, the Puget Sound Highway Runoff Program.
      4.   Road Maintenance: The following road maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading stormwater drainage systems, crack sealing, resurfacing with in kind material without expanding the road prism, and vegetation maintenance.
      5.   Underground Projects: Underground utility projects that replace the ground surface with in kind material or materials with similar runoff characteristics. However, stormwater management in accordance with Minimum Requirement 2, construction stormwater pollution prevention, is still required.
      6.   Exemptions From Flow Control: New development or redevelopment projects may be exempt from flow control subject to subsection 9-5A-9E of this article.
      7.   New Development/Redevelopment: All other new development and redevelopment are subject to the general requirements, as a minimum, in section 9-5A-9 of this article.
   C.   Exempt Applicants: An applicant receiving an exemption or whose activities are exempt from the requirements of this article:
      1.   Is not authorized to cause illicit discharges, including spills, of oil or hazardous substances;
      2.   Is not relieved from responsibilities and liabilities under State and Federal laws and regulations pertaining to those illicit discharges; and
      3.   Is not authorized to allow discharges that would violate standards in the NPDES Phase II permit. (Ord. 911, 8-31-2011)
9-5A-9: GENERAL REQUIREMENTS:
   A.   Stormwater Management Manual Adopted: The Department of Ecology 2019 “Stormwater Management Manual for Western Washington”, together with the 2019 City of Orting Stormwater Management Manual Amendment, are hereby adopted by reference, as though fully set forth herein, as the Stormwater Management Manual for the City of Orting and is hereinafter referred to as the “manual” or the “Stormwater Management Manual”.
   B.   Low Impact Development Manual Adopted: The Volume 5 of the Ecology 2019 (Stormwater Management Manual for Western Washington” is hereby adopted by reference as though fully set forth herein as the Low Impact Development Manual for the City of Orting and is hereinafter referred to as the “LID Manual”.
   C.   Rain Garden Handbook: The June 2013 “Rain Garden Handbook for Western Washington” as published by the Washington State Department of Ecology is hereby adopted by reference as though fully set forth herein as the Rain Garden Handbook for the City of Orting and is hereinafter referred to as the “Rain Garden Handbook”.
   D.   The following hierarchy shall be used in the order listed to determine applicable requirements:
      1.   The 2019 City of Orting Stormwater Management Manual Amendment;
      2.   The 2019 “Stormwater Management Manual for Western Washington”;
      3.   The currently adopted City of Orting Development Standards;
      4.   The 2012 “Low Impact Development Technical Guidance Manual for Puget Sound”;
      5.   The 2013 “Rain Garden Handbook for Western Washington”.
   E.   Low Impact Development (LID) Practices:
      1.   Projects shall implement LID BMPs and on-site stormwater management
BMPs where such projects exceed the thresholds identified in the Stormwater Management Manual and Minimum Requirement 5 must be addressed. Constraints that make LID BMPs or on-site stormwater management BMPs infeasible must be documented in the project’s Permanent Stormwater Site Plan. The Permanent Stormwater Site Plan, including constraints to the implementation of LID BMPs or on-site stormwater management BMPs, are required to be submitted for review for approval by the City in accordance with applicable submittals required under OMC Titles 10, 12, 13 and 15.
      2.   Constructed LID BMPs: Constructed LID BMPs for stormwater management shall be considered based on the order of preference identified in the Stomwater Management Manual.
      3.   Stormwater BMPs: If LID BMPs are infeasible as documented in the Permanent Stormwater Site Plan approved by the City, BMPs in subsection D of this section shall be used.
      4.   Underground Injection Control (UIC): Projects that implement LID BMPs or permanent Stormwater BMPs that result in a facility considered an underground injection control well based on 173-218 WAC shall be registered by the project applicant with the Washington State Department of Ecology. The Permanent Stormwater Site Plan shall document, based on the requirements of the Stormwater Management Manual, whether or not LID BMPs or permanent Stormwater BMPs are UIC wells and documentation that UIC wells have been registered.
   F.   Stormwater Best Management Practices (BMPs):
      1.   General: Where LID practices are not feasible or approved, BMPs shall be used to control stormwater pollution and/or flow rates and volumes. BMPs shall be used to comply with the standards in this article. BMPs are in the manual.
      2.   Experimental BMPs: In those instances where appropriate BMPs are not in the manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the manual.
   G.   Flow Control: Flow control, where required, shall provide the following control:
      1.   Flow rates and durations for fifty percent (50%) of the 2-year through the 50-year flow frequency event for the following conditions:
         a.   Direct connection or connection through a series of stormwater facilities or natural conveyance systems that discharge to the City stormwater drainage system that has existing capacity limitations; and
         b.   There are no existing flooding problems between the project site and the discharge point of the existing City stormwater drainage system.
      2.   Flow rates and durations for fifty percent (50%) of the 2-year through the 50-year frequency event, flow rates for the 100-year frequency event, and provide a twenty percent (20%) safety factor for the following conditions:
         a.   Direct connection or connection through a series of natural conveyance systems or stormwater facilities that discharge to the City stormwater drainage system that has existing capacity limitations; and
         b.   There are existing flooding problems between the project site and the discharge point of the existing City stormwater drainage system that may be aggravated by the proposed project.
      3.   Complete on site stormwater management must be provided for the following:
         a.   Infiltration of all stormwater if there is no existing City stormwater drainage system to connect to and if the site does not currently drain to the existing City stormwater drainage system.
         b.   An outfall into a flow control exempt waterbody may be constructed by the project proponent subject to the following requirements:
            (1)   A hydraulic project approval (HPA), if required, is applied for by the project proponent and is issued by Washington Department of Fish and Wildlife;
            (2)   The outfall does not violate any stormwater diversions as documented in appendix 1E of volume I of the manual;
            (3)   The project proponent obtains all other permits required by Federal, State and local laws and regulations; and
            (4)   The project proponent enters into an operations and maintenance agreement with the City. The operations and maintenance agreement will be waived provided that the outfall is permitted under the Department of Ecology’s industrial stormwater general permit or other individual permit that requires the ongoing maintenance and monitoring of the outfall.
      4.   Projects are exempt from flow control, if the flow control thresholds for new or redevelopment projects are exceeded; provided that:
         a.   The project has a direct connection or connection through a series of manmade conveyance systems or stormwater facilities that discharge to the City stormwater drainage system that has adequate capacity, i.e., does not exceed the then existing limitations upon capacity as determined by the City; and
         b.   There are no existing flooding problems between the project site and the discharge point of the existing City stormwater drainage system.
      5.   Project sites that are located in areas regulated under the flood control ordinance (codified at title 14 of this Code) and for which flow control is provided shall set the regulated structure elevations based on the higher of:
         a.   The elevation required by title 14 of this code, or
         b.   The backwater elevation at the flow control facility caused by the receiving water. The backwater elevation in the flow control facility shall be based on:
            (1)   The tailwater elevation based on the 100-year floodplain elevation in the receiving water floodway published by the federal emergency management agency for an unbreached levee;
            (2)   Flow rate for the 100-year frequency event through the stormwater drainage system from the site point of connection to the discharge location. The flow rate shall include the site and any other contributing areas; and
            (3)   Flow rate for the 100-year frequency event from the site point of connection back through the flow control riser.
   H.   Illicit Discharges: Illicit discharges to stormwater drainage systems, surface water or groundwater are prohibited. “Permitted discharges” are defined in section 9-5A-4 of this article. Sites are subject to inspection for illicit discharges in accordance with section 9-5B-10 of this chapter. The following are prohibited discharges to any public or private stormwater drainage system or natural conveyance system that discharge to surface or ground waters of the state:
      1.   Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water that are not dechlorinated to the limits identified herein. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater drainage system.
      2.   Discharges from lawn watering and other irrigation runoff that are not minimized.
      3.   Swimming pool discharges that are not dechlorinated to the limits identified herein. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater drainage system. Swimming pool cleaning wastewater and filter backwash shall discharge to sanitary sewer system.
      4.   Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents that are not minimized. At active construction sites, street sweeping must be performed prior to washing the street.
      5.   Nonstormwater discharges covered by another NPDES permit unless the permittee is in full compliance with all permit requirements, waiver or order and other applicable laws and regulations, and that written approval by the director has been granted for the discharge into the city’s stormwater drainage system.
      6.   Other nonstormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan approved by the director, which addresses control of construction site dewatering discharges by applying AKART to prevent contaminants from entering surface water or groundwaters.
   I.   Prohibition Of Illicit Connections:
      1.   The construction, use, maintenance, or continued existence of illicit connections to a stormwater drainage system is prohibited.
      2.   This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
      3.   In addition to violations resulting from other illicit connections, a person is considered to be in violation of this article if the person connects a line conveying sewage to a stormwater drainage system, or allows such a connection to continue.
   J.   Stormwater Source Control:
      1.   The businesses or activities Listed in Table 1, when permitted by the City, shall implement stormwater source control Best Management Practices (BMPs) when such business or activities are performed outdoors subject to rainfall and runoff of pollutants.
   Table 1. Businesses or Activities Subject to Stormwater Source Control:
Business or Activity
Standard Industrial Code (SIC) Major Group
SIC Industry Group No.
North American Industry Classification System (NAICS) Major Group
Business or Activity
Standard Industrial Code (SIC) Major Group
SIC Industry Group No.
North American Industry Classification System (NAICS) Major Group
Support Activities for Animal Production
074, 075
1152xx,
Construction of Buildings
15
236
Heavy and Civil Engineering Construction
16
237
Specialty Trade Contractors
17
238
Beverage, Food, and Tobacco Manufacturing
20
311, 312
Wood Product Manufacturing
24
321
Paper Manufacturing
26
3221xx, 3222xx
Printing and Related Support Activities
27
323
Chemical Manufacturing
28
325
Petroleum and Coal Products Manufacturing
29
3241xx
Plastics and Rubber Product Manufacturing
30
326
Leather and Allied Product Manufacturing
31
316
Nonmetallic Mineral Product Manufacturing
32
327
Primary Metal Manufacturing
33
331
Fabricated Metal Product Manufacturing
34
332
Machinery, Computer, and Electronic Product manufacturing
35
333, 334
Electrical Equipment, Appliance, and Component Manufacturing
36
335
Transportation Equipment Manufacturing
37
336
Rail Transportation
40
482
Transit and Ground Passenger Transportation
41
485
Truck Transportation and Warehousing
42
484, 493
Support Activities for Transportation
473, 474, 478
4881xx, 4882xx, 4884xx, 4889xx,
Utilities
49
2211xx
Wholesale Trade - Durable Goods
501, 503, 505,506, 507, 509
423140, 423930, 423110, 4233xx, 4237xx, 4238xx,
Wholesale Trade - Nondurable Goods
514, 515, 516,517, 518, 519
424930, 4244xx, 4246xx, 4247xx, 4248xx,
Building Materials, Hardware, Garden Supplies Dealers
521, 523, 526
444
Food and Beverage Stores
54
445
Automotive Dealers and Gasoline Service Stations
55
441, 447
Food Services and Drinking Places
58
722
Rental and Leasing Services
735
5321xx, 5324xx
Repair and Maintenance
75
811192, 8111xx, 8112xx, 8113xx, 8114xx,
Ambulatory Health Care Services and Hospitals
806, 807
621910,
Educational Services
82
6111xx, 6112xx, 6113xx, 6115xx
Museums, Historical Sites, and Similar Institutions
842
712
 
   Notes:
   Listing is from Washington State Department of Ecology Western Washington Phase II Municipal Stormwater Permit, Appendix 8 - Urban Land Uses and Pollutant Generating Sources, August 2019. Listing is for consistency with NPDES Permit and does not imply the business or activity will be permitted by the City.
   2.   Source control BMPs for new businesses or activities Listed in Table 1 shall be identified in permit application packages. Source control BMPs shall be identified in the Stormwater Site Plan (SSP) for projects triggering a SSP.
   3.   No later than August 1, 2022, existing businesses or activities listed in Table 1 shall begin implementing operational source control BMPs where operational BMPs are not currently provided. The basis of operational source control BMPs shall be provided to the City if the City finds that the selected source control BMPs or their implementation are not effective in preventing or reducing pollutant runoff. Selection and implementation of structural source control BMPs may be required by the City subject to the enforcement provisions of Chapters 9-5B-11 and 9-5B-12 OMC. Source control BMPs for existing businesses or activities listed in Table 1 shall be fully compliant as required by Chapter 9-5B-11 OMC.
   4.   Source control BMPs shall be selected, implemented and maintained in accordance with the adopted stormwater manual identified in Chapter 9-5A-9.A OMC.
   5.   Source control BMPs not identified in the adopted stormwater manual but which may still be appropriate may be submitted for an adjustment or variance in accordance with Chapter 9-5A.16 OMC provided that such source control BMPs provide equivalent protection to the BMPs identified in the adopted stormwater manual. Permit applications shall document proposed source control BMPs, identify why BMPs in the adopted stormwater manual are not applicable or suitable, and state that the proposed BMPs will provide equivalent or better protection.
   6.   Structural source control BMPs, or treatment BMPs/facilities, or both, shall be required for pollutant generating sources if operational source control BMPs do not prevent illicit discharges or violations of surface water, groundwater, or sediment management standards because of inadequate stormwater controls. (Ord. 911, 8-31-2011; amd. Ord. 2017-1014, 10-11-2017; Ord. 2019-1057, 1-8-2020; Ord. 2022-1096, 6-29-2022; Ord. 2022-1098, 7-27-2022)
9-5A-10: APPROVAL STANDARDS:
   A.   The development standards set forth the minimum standards for approval of the submitted stormwater site plan.
   B.   The stormwater site plan shall provide additional stormwater control measures where the need has been identified through a basin plan, the watershed ranking process through the Puget Sound partnership under Revised Code Of Washington 90.71, a total maximum daily load (TMDL) allocation has been determined for waters listed under section 303(d) of the clean water act, or through growth management act planning.
   C.   The stormwater site plan shall be prepared by the applicant in accordance with volume I chapter 3 of the manual and shall include the following:
      1.   Collect and analyze information on existing conditions.
      2.   Prepare preliminary development layout.
      3.   Perform off site analysis.
      4.   Determine applicable minimum requirements.
      5.   Prepare a permanent stormwater control plan.
      6.   Prepare a construction stormwater pollution prevention plan.
      7.   Complete the stormwater site plan.
      8.   Check compliance with all applicable minimum requirements. (Ord. 911, 8-31-2011)
9-5A-11: BONDS AND LIABILITY INSURANCE REQUIRED:
   A.   General Surety Requirements: The director is authorized to require all applicants, and/or their contractors, constructing stormwater facilities to post with the city treasurer a surety bond, cash deposit or other security (hereafter collectively referred to as "financial guarantee") as required in this article, in the form, amounts and content approved by the director. Where such persons have previously posted, or are required to post, other such financial guarantees with the city treasurer, either on the stormwater facility or on other construction related to the stormwater facility, such persons may, with the permission of the director and to the extent allowable by law, combine all such financial guarantees into a single financial guarantee; provided, that at no time shall the amount thus bonded or otherwise guaranteed be less than the total amount which would have been required in the form of separate financial guarantees, and provided further, that such a single financial guarantee shall on its face clearly delineate those financial guarantees which it is intended to replace.
   B.   Construction Bond: Prior to commencing construction, the applicant, and/or its contractor, constructing the stormwater facility shall post a construction bond in an amount sufficient to cover the estimated cost of construction of said stormwater facility in conformance with the approved drainage plans. After determination by the director that all stormwater facilities are constructed in compliance with the approved plans and that a maintenance bond has been filed as required below, the city shall release the construction bond. The construction bond shall be a noncancelable commitment issued by a surety to the city (obligee) guaranteeing that the applicant and/or the applicant's contractor will complete construction of the stormwater facilities in compliance with the approved drainage plans and further guaranteeing that all subcontractors, labor and material suppliers will be paid leaving the project lien free.
   C.   Maintenance Bond: After satisfactory completion of the stormwater facilities and release of the construction bond by the city, the applicant shall commence a two (2) year period of satisfactory maintenance of the stormwater facility. A cash deposit, in a form and content approved by the director, to be used at the discretion of the director to correct deficiencies in maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two (2) year maintenance period. The amount of the cash deposit, and the form of any written instrument governing the same, shall be determined by the director, but the amount shall not be in excess of ten thousand dollars ($10,000.00). In addition, a surety bond or cash deposit to cover the cost of defects or failures of the stormwater facilities shall also be posted with the city treasurer in an amount, form and content determined by the director, and maintained throughout the two (2) year maintenance period.
   D.   Liability Policy: The applicant and/or the contractor shall maintain a liability policy in the amount of one hundred thousand dollars ($100,000.00) per individual, three hundred thousand dollars ($300,000.00) per occurrence, and fifty thousand dollars ($50,000.00) property damage, which shall name the city an additional insured, and which shall protect from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. The liability policy shall be maintained for the duration of construction of the stormwater facility and the duration of the maintenance bond. In the event that ownership of the stormwater facilities are to be conveyed to the city, the liability policy shall be maintained until the stormwater facilities are accepted by the city.
   E.   Transfers: In the event that during the term of an instrument providing a financial guarantee, ownership of the site is conveyed, assigned, or otherwise transferred to another person, the financial guarantee shall remain in place, until a new bond or other surety instrument is filed with the city treasurer, in a form, amount and content approved by the director. (Ord. 958, 7-9-2014)
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