(a) All permanent storm water, soil erosion, sediment control and water quality practices not specifically waived by the Sheffield Village shall be constructed prior to the granting of the Final Plat Approval. Upon the request of the owner, the Sheffield Village may defer the construction or installation of a permanent storm water, soil erosion, sediment control or water quality practice prior to the approval of the final plat where, in the Village Engineer's judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures. In such event, a developer's agreement executed between the owner and Sheffield Village shall be required. Improvements shall be properly constructed or installed within an agreed specified time, but not to exceed six (6) months after the filing of such final plat.
(b) The owner will provide a maintenance guarantee for all permanent improvements, soil erosion, and sediment control and water quality practices.
(1) The guarantee. The guarantee of both performance and maintenance will be in the form of a Developer's agreement with an Escrow Account. The Escrow Account will be used by Sheffield Village to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment control and water quality practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined. The Escrow Account will be in the total amount of both the performance guarantee and the maintenance guarantee.
A. An amount determined by the Village Engineer shall be deposited with the Sheffield Village Building Department prior to review by the Village Engineer to cover professional services.
B. An amount determined by the Village Law Director shall be deposited with the Sheffield Village Building Department to cover professional services.
C. No soil disturbing activities shall be permitted until a Developer's agreement is in force.
D. No project subject to this regulation shall commence without the Soil Erosion and Sediment Control, and Storm Water Management, and Water Quality Plans having been approved by the Village Administrator.
(2) Performance guarantee. The furnishing of a performance guarantee will be maintained in an amount of not less than 120% of the estimate approved by the Village Engineer, of installation of the deferred improvements.
(3) Maintenance guarantee. The maintenance guarantee shall be maintained for a period of not less than (two) 2 years after final acceptance of the storm water, soil erosion, sediment control, and water quality practices in an amount equal to 20% of the estimate approved by the Village Engineer, of the construction and, where necessary, removal of such practices.
(4) Time extension. The Village Administrator may extend the time allowed for the installation of the improvements for which the performance guarantee has been provided with the receipt of a written request from the owner.
(5) Completion. Upon completion of the construction of improvements or temporary and/or permanent, soil erosion, sediment control, and water quality practices and the removal of the temporary soil erosion, sediment control, and water quality practices for which the performance guarantee has been provided the owner shall notify the Village Administrator of this fact.
(6) Inspection. Sheffield Village will not release the Escrow Account until the Village Engineer has inspected the site to ensure that the guaranteed item(s) have been completed and/or removed.
(7) Release. The Construction Maintenance Guarantee shall not be released by Sheffield Village until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of and any trapped sediment has been stabilized.
(Ord. 2165. Passed 11-24-08.)