§ 151.29 STORMWATER MANAGEMENT FACILITIES POST-CONSTRUCTION MAINTENANCE AND INSPECTION.
   (A)   Operations and Maintenance (O&M) Manual requirements.
      (1)   Stormwater management facilities including pipes, structures, ponds, detention/retention facilities, swales, open channels, subsurface drains, water quality BMPs, and low impact development practices shall have an O&M manual. The O&M manual shall be submitted with the Site Development Plan as required in § 151.20(B)(2)(g).
      (2)   O&M manual should include maintenance of all ponds, stormwater components, and low-impact development facilities/BMPs. Owners of ponds will be responsible for all maintenance of pond banks, erosion control measures, riprap, and outfall protection and all periodic dredging. It is the designer’s responsibility to determine which additional operation and maintenance measures are necessary to prolong the optimal function of the facility.
      (3)   The approved O&M manual shall be signed by the owner and notarized. A copy of the approved O&M manual shall be provided to the owner and the Development Services Department. The signed and approved O&M manual shall be recorded with the property by the County Recorder’s office. A copy of the O&M manual shall be provided to each new owner before the transfer of ownership. The O&M manual shall be signed by the new owner, notarized, and submitted to the Development Services Department to be kept on record.
      (4)   All O&M manuals shall include the following information, at a minimum:
         (a)   Owner information. The first section of the manual shall contain information about all people involved with the operations and maintenance of the facility. This section shall list the names and contact information of all responsible parties, including property owner(s), maintenance staff, and person(s) responsible for performing inspections. The responsibilities of each individual shall be clearly defined. Contact information shall include business or mobile phone number, address for giving notice, and email address (if available).
         (b)   Site map. The O&M manual shall include a site map and exhibits drawn to a legible scale on 8.5" x 11" or 11" x 17" sized paper that clearly indicates the following:
            1.   The location of the stormwater management facility or BMP.
            2.   Plan and cross-section details, showing applicable features.
            3.   The flow of stormwater through the site, including an overview of the stormwater’s path through the onsite stormwater facilities and BMPs.
            4.   Dimensions, easements, outlets/discharge points and outfall locations, drainage patterns, stormwater runoff flow directions, the extent and depth (elevation) of high water levels, flood routing path, signage, connecting structures, weirs, invert elevations, structural controls used to control stormwater flows, and other relevant features.
         (c)   O&M practices. Each stormwater management facility and BMP shall require specific inspection and maintenance procedures.
            1.   Guidance shall be written in simple, layman’s terms, including:
               a.    Guidance on owner-required periodic inspections and inspections to be performed by the Development Services Department.
               b.    Guidance on routine maintenance including mowing, litter removal, woody growth removal, etc. to be performed by the owner.
               c.    Guidance on remedial maintenance such as inlet replacement, outlet work, etc. to be performed by the owner.
               d.    Guidance on sediment removal, both narrative and graphical, describing when sediment removal shall occur in order to ensure that the stormwater management facility or BMP remains effective as a stormwater management device. Guidance shall include instructions as to how the depth of sediment shall be measured and at what measurement removal will be required.
               e.    Instructions on inspection and clean-out of BMPs, sumps, trash screens, settling pits, and oil/grease collection chambers.
               f.    Instructions on proper disposal of removed sediments, trash, debris, and other substances.
               g.    Guidance and methods for preventing water stagnation and all recommended maintenance.
            2.   The minimum requirements below shall also be incorporated into the inspection and maintenance regimen and clearly documented in the O&M manual.
               a.    Operation and maintenance procedures and practices shall be reviewed and assessed annually.
               b.    Access routes, including roadways and sidewalks, shall be inspected annually and maintained as needed.
               c.    Drainage structures and flow restrictors shall be inspected and cleaned semiannually or per the manufacturer’s recommendations, whichever is more stringent.
               d.    Volume control facilities and BMPs shall be inspected semi-annually and after significant rainfall events exceeding one and one-half (1.5) inches, or per the manufacturer’s recommendations, whichever is more stringent.
               e.   The owner shall keep an updated log book or inspection worksheets documenting the performance of the required operation and maintenance activities for perpetuity. Note inspection dates, facility components inspected, facility condition, and any maintenance performed or repairs made. Documentation must be produced upon the request of the Town personnel, within forty-eight (48) hours of the request.
               f.    Vegetation shall be maintained on a regular basis per design specifications.
               g.   Pest control measures shall be implemented to address insects, rodents, and other pests. Natural pest control is preferred over chemical treatments.
               h.    Mechanical measures shall be maintained on a regular basis per the manufacturer’s recommendations.
               i.    Signage and fencing shall be installed and maintained in accordance with the Town of Brownsburg Construction Standards and where necessary to protect property and the public. Native vegetation plantings shall have “No Mow” or other appropriate signage.
               j.    Underground vaults and structures shall include design measures to facilitate regular cleaning and maintenance. Confined space entry procedures shall be followed.
         (d)   Right-of-entry statement. The O&M manual shall include a statement that the Town of Brownsburg has the right to enter the property to inspect the stormwater management facility or BMP. The statement shall be signed and notarized.
         (e)   Implementation schedule. An inspection and maintenance schedule shall be prepared in a tabular format and included in the O&M manual. This schedule shall provide for routine examination of all stormwater management facilities and BMPs on the property and incorporate the varying maintenance needs of each.
         (f)   Employee training. Specific individuals shall be assigned responsibility for operation, maintenance, and inspection of all onsite stormwater management facilities and BMPs. Employee training shall be conducted so that these individuals are aware of proper procedures and practices. The training program and schedule shall be incorporated into the O&M manual. All personnel should be familiar with the components of the O&M manual and their personal level of responsibility. Training documentation may be requested by the Town.
         (g)   Drainage easement(s) documentation. The O&M manual shall include documentation of drainage easement(s) around the stormwater management facilities and BMPs. The documentation may be in text or graphic format.
   (B)   Stormwater management facility and BMP maintenance.
      (1)   Stormwater management facilities and BMPs shall be maintained in a properly functioning condition so that their effectiveness in managing and treating stormwater runoff is not diminished, in accordance with the operation and maintenance procedures and schedules recommended by the manufacturer of the BMP or listed in the Indiana Stormwater Quality Manual, the Hendricks County Stormwater Technical Standards Manual Appendix D, the approved O&M manual, and the terms and conditions of the approved stormwater management plan. The stormwater management facility or BMP owner is considered in violation of this chapter if the facility or BMP is not maintained properly.
      (2)   Following construction completion and the issuance of an NOT, inspection and maintenance of stormwater management facilities and BMPs shall be the long-term responsibility of the owner of those facilities (including homeowners associations or any other entity as specified in restrictive covenants).
      (3)   Stormwater detention/retention basins may be donated to the Town for ownership and permanent maintenance providing the Town is willing to accept responsibility.
   (C)   Records of inspection and maintenance activities.
      (1)   The stormwater management facility or BMP owner must conduct necessary inspections at least once per year. The inspections shall follow the operation and maintenance procedures listed in the Indiana Stormwater Quality Manual, the Hendricks County Stormwater Technical Standards Manual Appendix D, the approved O&M manual, and the terms and conditions of the approved stormwater management plan for each facility or BMP. The inspection shall cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. Completed inspection forms must be maintained by the owner and produced upon request by Town personnel within forty-eight (48) hours of the request.
      (2)   Annual inspection reports shall be due to the Development Services Department, beginning one year after construction is completed. Subsequent reports shall be due each year within the same month of the initial report. All deficiencies found during the inspection shall be addressed. If the annual inspection report is not received within the month it is due, if there are deficiencies which exist but were not included in the report, or if any deficiencies included in the report are not addressed in a timely manner, the Town may take enforcement action in accordance with this chapter.
      (3)   The Development Services Department must be notified of any changes in ownership, major repairs, or failure in writing within thirty (30) days.
      (4)   In the event that Town personnel find a stormwater management facility in need of maintenance or repair, the Development Services Department will notify the owner on record of the necessary maintenance or repairs and give the owner a timeframe for completing the work. If the maintenance or repairs are not completed within the designated timeframe, the Town may perform the work and bill the owner for the actual costs of the work.
      (5)   The Town also has the authority to perform long-term inspection of all public or privately-owned stormwater management facilities. Such inspections will be in addition to the regular inspections required to be performed by the facility owner. The inspections will follow the operation and maintenance procedures listed in the approved Stormwater Management Plan for each facility or BMP. Noted deficiencies and recommended corrective action will be included in an inspection report.
(Ord. 2017-28, passed 10-12-17)