17.12.030 Performance and Maintenance Bonds for Stormwater Treatment Facilities.
(A) Construction Plan Requirements. The City Engineer is authorized to set minimum construction plan submittal requirements by written policy or checklist.
(B) Performance Bond or Other Security Required. A performance bond, letter of credit, or other appropriate security approved by the City must be submitted for stormwater treatment facilities. The amount of the performance security must be one and one-quarter (1.25) times the total construction cost of the stormwater treatment facilities as estimated by the developer’s engineer and approved by the City Engineer.
(1) Performance Bond Waiver for Single Lot Developments. If stormwater treatment facilities only serve a single building lot and a building is being constructed, a performance bond may be waived by the City Engineer provided all stormwater treatment facilities are constructed and certified prior to issuance of a Certificate of Occupancy as required by the UDO. When seasonal or environmental conditions cause a delay in constructing the stormwater treatment facilities, the City Engineer may approve issuing a Certificate of Occupancy provided a performance bond is posted in accordance with this section.
(C) Release of Performance Bond. The performance bond will be released only when all of the following conditions have been met:
(1) At least eighty percent (80%) of the land area served by the stormwater treatment facilities has permanent stabilization in place.
(2) All of the stormwater treatment facilities covered by the bond have been constructed and certified in accordance with this chapter.
(3) If the stormwater treatment facility is constructed prior to final stabilization of at least eighty percent (80%) of the land area served by the facility, and the most recent certification of the facility is more than ninety (90) days old, an updated certification by the City Engineer is required to verify that the facility is fully functional.
(D) Maintenance Bond. Prior to issuance of a land disturbance permit for construction of a stormwater treatment facility, the developer and/or contractor must submit a maintenance bond. The developer and/or contractor must be responsible for all regular maintenance and repairs of the stormwater treatment facility while the maintenance bond is in effect including, but not limited to, repairs necessary due to damage caused by intentional or unintentional acts of others. The maintenance bond must be in the amount of one hundred percent (100%) of the construction cost of the facilities and can be utilized for any maintenance or rehabilitation costs associated with the stormwater treatment facility deemed necessary by the City, including, but not limited to, removal of siltation, mowing, replacement of vegetation, piping repairs, replacement of underdrains, other repairs to the facility, and any administrative or engineering costs associated with such maintenance and repairs. The maintenance bond must remain in effect for a period of two (2) years following initial certification of the stormwater treatment facility.
(E) Timing of Stormwater Treatment Facility Construction. Stormwater treatment facilities must be constructed as early as feasible during the development process. However, since some commonly used stormwater treatment facilities are sensitive to construction-generated silt when upstream areas are under construction, the following provisions are allowable for timing of such facility construction:
(1) For a stormwater treatment facility serving a single building lot, the facility must be constructed concurrently with the development of the site and building, subject to exceptions set forward in subsection (B)(1) of this section.
(2) When stormwater treatment facilities serve multiple development lots within a common plan of development, a stormwater treatment facility can be final graded, and permanent vegetation installed only after eighty percent (80%) of the land area served by the facility has achieved permanent stabilization unless the City Engineer approves a shortened schedule. Additionally, stormwater treatment facilities must be installed and certified within six (6) months of permanent stabilization of the entire land area served by the facility. “Land area served by the facility” means those areas served by the facility within the common plan of development and does not include off-site facilities even if the off-site facilities are tributary to the facility.
(3) For stormwater treatment facilities serving multiple development lots within a common plan of development, no Certificate of Occupancy will be issued for any building or site unless a permit has been issued authorizing construction of a required facility to serve the building or site.
(F) Failure to Construct a Required Stormwater Treatment Facility. When construction of a stormwater treatment facility is delayed beyond the limits as provided in this section, the City Engineer may utilize any or all of the following enforcement mechanisms to ensure timely construction of the facility:
(1) Draw upon performance bond funds as necessary to construct the stormwater treatment facility. In the event that the performance bond funds are not adequate to cover all costs associated with construction of said facility, or performance bonds are not available, the City Engineer may assess the property owners for any additional costs in accordance with this chapter.
(2) Withhold issuance of building permits for properties proposed to be served by such stormwater treatment facility.
(3) Withhold issuance of Certificates of Occupancy for permitted work that is proposed to be served by such stormwater treatment facility.
(4) Issue stop work orders for permitted work for any or all property that is proposed to be served by such stormwater treatment facility. (Ord. 22-52 § 16, 2022; Ord. 09-25 § 2, 2009.)