§ 1043.33 RESPONSIBILITIES FOR OPERATIONS AND MAINTENANCE (O&M) OF STORMWATER CONTROLS AND BMPs.
   (a)   The SWM site plan shall include a BMP operations and maintenance plan that describes how the permanent (e.g., post-construction) stormwater controls and BMPs will be properly operated, inspected and maintained;
   (b)   Establish access easements that include all significant stormwater controls, conveyances and BMPs, and indicate a 15-foot perimeter area surrounding these features that will provide the municipality sufficient ingress to and egress from a public right-of-way;
   (c)   The following items shall be included in the stormwater control and BMP operations and maintenance plan, as applicable:
      (1)   Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Delaware County, shall be submitted on 24-inch by 36-inch sheets. The contents of the maps(s) shall include, but not be limited to:
         A.   Clear identification of the location and nature of permanent stormwater controls and BMPs;
         B.   The location of the project site relative to highways, municipal boundaries or other identifiable landmarks;
         C.   Existing and final contours at intervals of two feet, or others, as appropriate;
         D.   Existing streams, lakes, ponds or other bodies of water within the project site area;
         E.   Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses and areas of natural vegetation to be preserved;
         F.   The locations of all existing and proposed utilities, sanitary sewers and water lines within 50 feet of property lines of the project site;
         G.   Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added;
         H.   Proposed final structures, roads, paved areas and buildings; and
         I.   Access easement boundaries.
      (2)   A description of how each permanent stormwater control and BMP will be operated and maintained;
      (3)   The identity and contact information associated with the person(s) responsible for operations and maintenance;
      (4)   The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the plan; and
      (5)   A statement, signed by the landowner, acknowledging that the stormwater controls and BMPs are fixtures that can be altered or removed only after approval by the municipality.
   (d)   The stormwater control and BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater controls and BMPs, as follows:
      (1)   If a plan includes structures or lots that are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the municipality, stormwater controls and BMPs may, at the municipality’s discretion, also be dedicated to and maintained by the municipality; and
      (2)   If a plan includes operations and maintenance by a single owner or if sewers and other public improvements are to be privately owned and maintained, the operations and maintenance of stormwater controls and BMPs shall be the responsibility of the landowner.
   (e)   The municipality will make the final determination on the continuing operations and maintenance responsibilities. The municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater controls and BMPs.
(Ord. 928, passed 6-18-2014)