A.
The City of Havre de Grace shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the City prior to the issuance of any building and/or grading permit for the construction of a development requiring stormwater management. The amount of the security shall not be less than the total estimated construction cost of all stormwater management facilities and the management of those facilities throughout the construction process until complete. The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this chapter, and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the Department, or its designee, submission and acceptance of as-built plans, and certification of completion by the Department, or its designee, that all stormwater management facilities comply with the approved plan and the provisions of this chapter. A procedure may be used to release parts of the bond held by the City after various stages of construction have been completed and accepted by the City. The procedures used for partially releasing performance bonds must be specified by the City of Havre de Grace in writing prior to final stormwater management plan approval.
B.
Whenever the Department. shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety of the bond or security. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Department to be reasonably necessary for the completion of such work.
C.
If a cash bond has been posted, notice of default, as provided by the preceding subsections, shall be given to the principal. If compliance is not obtained within the time specified, the Department shall proceed, without delay and without further notice or proceedings whatsoever, to use the cash deposited or any portion of such deposit to cause the required work to be completed by contract or otherwise at the discretion of the Department.
D.
In the event of any default in the performance of any term or condition of the permit or bond or other approved security, the City, the surety or any person employed or engaged on his/her behalf shall have the right to go upon the site to complete the required work necessary to control stormwater runoff or to make the site safe. In the event that the Department undertakes the required work or makes the site safe with the funds from the forfeited cash or corporate bond or security, such funds shall be used to pay the cost of contracting, including engineering and administration, for necessary restoration of the site to control stormwater runoff within the requirements of the plan, permit, bond, security or this chapter. If the cost of the work necessary to manage stormwater or to make it safe exceeds the amount of the cash or corporate bond or security, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs and expenses incurred by the City. The cost and expenses shall be a lien upon all property and all rights to property, real or personal, of any person liable to pay the same from and after the time said cost is due and payable. The cost shall be listed on the tax bill and shall be collected in the manner of ordinary taxes, plus interest.
E.
No person shall interfere with or obstruct the ingress or egress to or from any such sites or premises by an authorized representative or agent of any surety or of the Department engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.
F.
The posted bond or other security shall remain in full force and effect until final inspection of the facility or facilities has been conducted and as-built plans, where required, have been reviewed and approved by the Department or its authorized representative regardless of whether the permit has expired or been revoked or suspended. The bond or other security shall be returned to the depositor or the depositor's successors or assigns within 90 days of the approval, except for any portion of the bond which may have been used. Failure to maintain the required surety shall automatically cause a temporary revocation of any and all permits issued by the City of Havre de Grace to the permittee or the permittee's successors and assigns in interest.
G.
Where a stormwater management pond has been constructed and is providing sediment control for the site, the performance bond may be reduced to an amount not less than 70% of the approved estimated cost of construction, provided that the following conditions are met: