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Erosion control bond info based on scientific, engineerinG, and economic considerations. This ordinance does not imply that erosion and sedimentation controls will survive inundation by runoff from storms or that land below such controls will be free from floodinG or flood damages. This ordinance shall not create liability on the part of the City of Coppell, or any officer or employee thereof, for any flood dama§es, or erosion or sedimentation damages, whether to persons or property, that result from reliance on this ordinance or any administrative decision lawfully x,~made thereunder. ~ F.~URETY FOR PERMANENT EROSION CONTROLS IN NEW SUBDIVISIONS The applicant shall provide a surety in the form of cash, certificate of deposit, surety bond, or irrevocable letter of credit acceptable to the City to insure that vegetative cover and other permanent erosion control measures are installed, maintained, and functioninG properly up to a two (2) year period from the date of final acceptance of the dedicated streets and/or utilities by the City of Coppell. This surety shall be given to the City before the final acceptance of the streets and/or utilities. This surety shall be in the amount estimated by the Developer, which is 100 percent of the cost of constructing and maintaining the permanent erosion controls for a two-year period. However, such estimate is subject to review by the City Engineer and may be rejected, and the surety not accepted, if the City Engineer deems the estimate not to be a reasonable approximation of the costs of constructing and maintaininG the erosion controls. Should the vegetative cover die or become sparse or the erosion controls fail to be maintained or are not functioninG during this two-year period, the City may notify applicant in writinG. The applicant has ten (10) days after being notified to begin correctinG the problems. If no corrections are started, the City may make the necessary repairs by exercising the surety or billing the applicant. If at the end of the two-year period the vegetative cover is still not established or is sparse, or the erosion controls are not functioning, the City may exercise the surety and have the erosion controls installed and established. The above procedures for ensurinG that vegetation is established shall apply to all projects, whether or not the vegetation is the lonG-term maintenance responsibility of the City. Any vegetative cover which is planted and is a permanent part of the improvement project will not be accepted by the City until the growth has been established Page 9 and maintained by the developer for a two (2) year period from the date of final acceptance of the subdivision. After the two-year period has elapsed, the owner of the property shall be responsible for maintaining the erosion controls in good working order. If any future owner modifies or disturbs the erosion controls for the area, that owner must restore or replace the permanent erosion controls at the conclusion of the disturbing activity. G. STOP WORK ORDERS All development, improvement, and construction on any land which is in violation of the provisions of this ordinance may be halted and stopped by order of the City Engineer. No stop work order may be issued until the notice provisions of this ordinance are fully complied with by the City and the owner or agent of the premises is given reasonable time period to correct the public erosion nuisance and to clean up and remove the offending and burdensome sedimentation. Sec. 15-8-5 SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 15-8-6 PENALTY Any person violating any of the provisions of this ordinance shall be deemed ~ilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which violation occurs or continues. Page 10