(a) For projects that require a Post-Construction Stormwater Control Plan and disturb more than five (5) total acres of land, soil-disturbing activities shall not be permitted until a cash bond has been deposited with the City of Warren WPC. The specific bond amount shall be a percentage of the total project cost, determined by the City of Warren WPC on a case-by-case basis. Bond may be waived at the discretion of WPC. This bond may also be required for any project that disturbs more than one (1) acre of land. This bond shall be posted for the City of Warren to perform the obligations otherwise to be performed by the owner of the development area as stated in this chapter and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of the regulations described in this chapter. The stormwater bond will be returned when the following three criteria are met:
(1) The site has been stabilized, temporary BMPs have been removed, and the sediment settling basin has been converted to or replaced with post-construction SCM(s) and one of the following conditions are met:
A. One hundred percent (100%) of the total project has achieved permanent stabilization.
B. Less than one (1) acre of lots remain unbuilt.
C. No development activities have occurred for at least one (1) year.
(2) An As-Built Certification of all SCMs is approved by the City of Warren WPC.
(3) An Inspection and Maintenance Plan has been approved by the City of Warren WPC and an Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Warren WPC and the private owner or homeowners association who will take long term responsibility for these SCMs, is accepted by the City of Warren WPC.
(b) Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the City of Warren may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/homeowners association for the purpose of long-term maintenance of the project.
(Ord. 13157/2022. Passed 9-28-22.)