933.11 MAINTENANCE.
   Any portion of the permanent Post-Construction water quality management systems, including on-site and off-site treatment/storage facilities that are constructed by the owner, will be continuously maintained into perpetuity.
   (a)   Detail drawings and maintenance plans must be provided for all Post-Construction BMP(s).
   (b)   The person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and Post-Construction phases of the development shall be identified and a written agreement shall be entered into by the City and responsible entity for continued maintenance.
   (c)    Long-term maintenance requirements and schedules of all BMPs for both the construction and Post-Construction phases of the development will be identified.
   (d)   This plan will contain long-term maintenance inspection schedules, including the printed name and contact point of the Post-Construction landowner (e.g., president of the homeowners association, store manager, apartment complex manager, etc.)
   (e)   This plan will identify the person or entity financially responsible for maintaining the permanent inspection and maintenance of permanent storm water conveyance and storage structures and other conservation practices.
   (f)   The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion and sediment control and water quality practices will be identified.
   (g)   Maintenance plans must ensure that pollutants collect within structural Post-Construction BMP practices be disposed of in accordance with local, state and federal guidelines.
   (h)   Maintenance plans shall be provided by the permittee to both the City Engineer and the Post-Construction operator of the BMP (including homeowner associations) upon completion of construction activities and prior to the City Engineer giving final approval for the completed construction.
   (i)   Single-Family Residential Developments: A Homeowners' Association shall be created and placed in title of the affected lands and shall be continuously responsible for Post-Construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the Community.
   (j)   Multi-Family, Commercial and Industrial Developments: The plans will clearly state that the owner of the property shall be continuously responsible for Post-Construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the Community.
   (k)   Maintenance Design. Low maintenance requirements are a priority in the design and construction of all facilities. Multi-use facilities incorporating assets such as aesthetics and recreation may be incorporated into the design of the drainage facilities. All permanent drainage, soil erosion, sediment control, water quality management systems and BMPs, including on-site and off-site structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the plans and the requirements of this chapter. Inspections and maintenance will be incorporated periodically throughout the year to ensure that the facilities are property operational.
   (l)   Perpetual Maintenance Inspections: One (1) inspection with a written report will be performed each year. The written report will be given to the Zoning Inspector by May 1st of each and every year after the Best Management Practice (BMP) has been completed.
   (m)    Structures that require a permit from the Ohio Division of Water: A written and stamped report from a professional engineer on the status of all structural BMPs that require a permit from the Ohio Department of Natural Resources (DNR) Division of Water. This applies to all BMPs that require a permit either at the time of construction or fall under the jurisdiction of ODNR Division of Water at any time after construction is completed.
   (n)   Easements. A written report from an inspector on the status of all storm water management easements for each project shall be submitted to the City Engineer by May 18th of each year into perpetuity. These reports will document if restricted plantings, fences, and structures are on the easement and will identify the location of the noted easement restriction violations.
   (o)   Best Management Practices (BMPS) that do not have a high risk for loss of life, bodily injury, or damage to structures or infrastructure related to imminent failure as determined by the City Engineer: A written and stamped report from a professional engineer, landscape architect or Certified Professional In Erosion and Sediment Control (CPESC) on the status of permanent soil erosion, sediment control, water quality management systems and the status of the related easements shall be submitted to the City Engineer by May 18th of each year into perpetuity.
   (p)   BMPs that have a potential loss of life: A written and stamped report covering the status of all BMPs that have a potential for loss of life, bodily injury, or damage to structures or infrastructure will be prepared by a professional engineer or other individual possessing a valid state license that authorizes them to design the same type of BMP for construction.
      (Ord. 2021-15. Passed 3-17-21.)