909.13 PERFORMANCE BONDS.
   (a)   All permanent storm water, soil erosion, other wastes control, and water quality practices not specifically waived by the City shall be constructed prior to return of performance bonds.
   
   (b)   The performance bond will be used by the City to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment, and other storm water BMPs that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the City Engineer.
   (c)   Ohio municipalities and counties may  require performance bonds  or other guarantees for water management improvement as stated in ORC 711.101.
   (d)   Performance bonds shall be deposited with the City prior to review by the City Engineer and/or its consultants to cover professional services of the City Engineer, Zoning Inspector, and/or other experts required by the City Engineer.
   (e)   No soil disturbing activities shall be permitted until a performance bond has been posted to the satisfaction of the City Engineer sufficient for the City to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this regulation, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this regulation.
   (f)   The performance bond shall be released only after all work required by this regulation has been completed to the satisfaction of the City Engineer and all permit and inspection fees required by these regulations have been paid in full.
   (g)   Completion. Upon completion of the construction of improvements or temporary and/or permanent soil erosion, sediment, and other wastes control practices and the removal of the temporary soil erosion, sediment, and other wastes control practices for which the performance guarantee has been provided, the owner shall notify the City Engineer of this fact, and provide a copy of the Notice of Termination (NOT) from Ohio EPA and set of finalized development plans.
(Ord. 19-68.  Passed 11-4-19.)