Title 16 - Buildings and Construction

16.210.080  Permit Procedures, Requirements, and Performance Surety.

1. A.
   Permit Required:  No person shall receive any permits for building, grading or other land Development without meeting the requirements of this Ordinance.  Generally, permits for Stormwater Treatment Facility construction will be completed under the authorization of a building, site Development, or land disturbance permit.  Application requirements and procedures are described in Title 18 of the Code.
2. B.
   Construction Plan Requirements:  The Director shall have the authority to set minimum construction plan submittal requirements by written policy or checklist.
3. C.
   Performance Surety Required:  The Director shall require the submittal of a performance surety in the form of an irrevocable letter of credit or cash deposit.  If a letter of credit is provided, it shall be on the form as prescribed by the Director.  The amount of the performance surety shall be 1.25 times the total construction cost of the Stormwater Treatment Facility as estimated by the project designer and approved by the Director. 
   
   Performance Surety Waiver for Single Lot Developments:  If Stormwater Treatment Facilities only serve a single building lot and a building is being constructed, a performance surety may be waived by the Director provided all Stormwater Treatment Facilities are constructed and certified prior to issuance of a Certificate of Occupancy.  When seasonal or environmental conditions cause a delay in constructing the Stormwater Treatment Facilities, the Director may approve issuing a Certificate of Occupancy provided a performance surety is posted in accordance with this Section.
4. D.
   Release of Performance Surety:  The performance surety will be released only when all of the following conditions have been met:

   1. 1.
      At least 90% of the land area served by the Stormwater Treatment Facilities has permanent stabilization in place.
   2. 2.
      All of the Stormwater Treatment Facilities covered by the surety have been constructed and certified in accordance with this Chapter.
   3. 3.
      If the Stormwater Treatment Facility is constructed prior to final stabilization of at least 90% of the land area served by the facility, and the most recent certification of the facility is more than 90 days old, an updated certification shall be required to verify that the facility is fully functional.
5. E.
   Maintenance Surety:  Prior to issuance of a final certificate of occupancy, the contractor shall submit cash, a letter of credit, or a maintenance bond.  The contractor shall be responsible for all regular maintenance and repairs to the Stormwater Treatment Facility while the maintenance surety is in effect including, but not limited to, repairs necessary due to damage caused by intentional or unintentional acts of others.  The maintenance surety shall be in the amount of 50% of the construction cost of the facility 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.  Maintenance sureties shall conform to the following:

   1. 1.
      If the maintenance surety is in the form of a maintenance bond, it shall remain in effect for a period of two (2) years following initial certification of the Stormwater Treatment Facility.
   2. 2.
      If the maintenance surety is in the form of a letter of credit, the contractor or Developer shall deposit with the City’s Chief Financial Officer an irrevocable letter of credit from an acceptable financial institution payable to the City, collectable no later than two (2) years from the date of initial certification of the Stormwater Treatment Facility.
   3. 3.
      If the maintenance surety is in the form of cash, or letter of credit, all remaining money and any interest accrued thereon shall be returned to the contractor no later than three (3) years after the date of initial certification of the Stormwater Treatment Facility.
6. F.
   Timing of Stormwater Treatment Facility Construction:  Stormwater Treatment Facilities shall 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. 1.
      For a Stormwater Treatment Facility serving a single building lot, the Facility shall be constructed concurrently with the Development of the site and building, subject to exceptions set forward in Section 16.210.080D of this Chapter.
   2. 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 90% of the land area served by the Facility has achieved permanent stabilization unless the Director 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 shall mean those areas served by the Facility within the common plan of Development and shall not include offsite areas even if they are tributary to the Facility.
   3. 3.
      For Stormwater Treatment Facilities serving multiple Development lots within a common plan of Development, no Certificate of Occupancy shall 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.
7. G.
   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 Director may utilize any or all of the following enforcement mechanisms:

   1. 1.
      Draw upon performance surety funds as necessary to construct the Stormwater Treatment Facility.  In the event that the performance surety funds are not adequate to cover all costs associated with construction of said Facility, the Director may assess the property owners for any additional costs in accordance with Section 16.210.100H of this Chapter.
   2. 2.
      Withhold issuance of building permits for properties proposed to be served by such Stormwater Treatment Facility.
   3. 3.
      Withhold issuance of Certificates of Occupancy or Certificates of Compliance for permitted work that is proposed to be served by such Stormwater Treatment Facility.
   4. 4.
      Issue Stop Work Orders for permitted work for any or all property that is proposed to be served by such Stormwater Treatment Facility.

(History: Ord. SWT-2900 §5, 2011; SWT-2669 §1, 2008)

Effective on: 1/1/1901