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(a) When the city determines that site constraints compromise the intent of this chapter, off-site alternatives may be used that result in an improvement of water quality and a reduction of stormwater quantity. Such alternatives shall meet the following standards:
(1) Shall achieve the same level of stormwater quantity and quality control that would be achieved by the on-site controls required under this regulation;
(2) Implemented in the same hydrologic unit code (HUC) 14 watershed unit as the proposed development project;
(3) The mitigation ratio of the water quality volume is 1.5 to 1 or the water quality volume at the point of retrofit, whichever is greater;
(4) An inspection and maintenance agreement as described in § 1060.08(d)(10) is established to ensure operations and treatment in perpetuity; and
(5) Obtain prior written approval from Ohio EPA.
(b) Alternative actions may include, but are not limited to the following. All alternative actions shall be approved by the Stormwater Program Manager:
(1) Fees, in an amount specified by the city to be applied to community-wide stormwater management practices;
(2) Implementation of off-site stormwater management practices and/or the retrofit of an existing practice to increase quality and quantity control;
(3) Stream, floodplain or wetland restoration; and
(4) Acquisition or conservation easements on protected open space significantly contributing to stormwater control such as wetland complexes.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
Access to stormwater management practices as required by the Stormwater Program Manager for inspections and maintenance shall be granted by easements. The following provisions shall apply to all easements.
(a) Easements shall be included in the inspection and maintenance agreement submitted with the comprehensive stormwater management plan.
(b) Easements shall be approved by the city prior to approval of a final plat and shall be recorded with the Lorain County Auditor. Easements granted after approval of the plat by the city shall be recorded as a separate document with the Lorain County Recorder.
(c) Unless otherwise required by the City Engineer or Stormwater Program Manager, access easements between a public right-of-way and all stormwater management practices shall be no less than 25 feet wide. The easement shall also incorporate the entire practice plus an additional 25-foot wide band around the perimeter of the stormwater management practice. Based on the review of the BMP or stormwater management practice being considered, and in accordance with an agreed upon maintenance plan for the BMP or stormwater management practice, the easement width may be reduced as recommended and approved by the Stormwater Program Manager.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the inspection and maintenance agreement for the site.
(e) Easements to structural stormwater management practices shall be restricted against the construction therein of buildings, fences, walls and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the city. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the city at the property owners’ expense.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the Stormwater Program Manager.
(a) Final stabilization must be achieved and all permanent stormwater management practices must be installed and made functional, as determined by the Stormwater Program Manager and per the approved comprehensive stormwater management plan.
(b) An as-built certification, including a survey and inspection, must be sealed, signed and dated by a professional engineer and a professional surveyor with a statement certifying that the stormwater management practices, as designed and installed, meet the requirements of the comprehensive stormwater management plan approved by the Stormwater Program Manager. In evaluating this certification, the Stormwater Program Manager may require the submission of a new set of stormwater practice calculations if he or she determines that the design was altered significantly from the approved comprehensive stormwater management plan. The as-built survey must provide the location, dimensions and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the inspection and maintenance agreement.
(c) A copy of the complete and recorded inspection and maintenance agreement as specified in § 1060.08 must be provided to the Stormwater Program Manager.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
(a) The city shall inspect stormwater management practices periodically. Upon finding a malfunction or other need for maintenance, the city shall provide written notification to the responsible party, as detailed in the inspection and maintenance agreement, of the need for maintenance.
(b) Upon notification, the responsible party shall have five calendar days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established time lines. Should repairs not be made within this time, or a plan approved by the Stormwater Program Manager for these repairs not be in place, the city may undertake the necessary repairs and assess the responsible party.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
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