(A) Maintenance responsibility.
(1) The owner shall maintain all stormwater management facilities in good working order in accordance with the approved Operations and Maintenance (O&M) Plan.
(2) The owner shall convey to the municipality easements to assure access for inspections and maintenance, if required.
(3) The owner shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the municipality within ten days of the change.
(4) Enumerate permanent SWM facilities as permanent real estate appurtenances and record as deed restrictions or easements that run with the land.
(5) The record owner of the development site shall sign and record an Operation and Maintenance (O&M) Agreement covering all SWM facilities, including riparian buffers and riparian forest buffers, which are to be privately owned.
(6) The O&M Plan and Agreement shall be recorded with the Recorder of Deeds of Vermilion County as a restrictive covenant agreement that runs with the land.
(B) Operation and Maintenance Plan.
(1) The Operation and Maintenance Agreement includes the Operation and Maintenance Plan and shall be subject to the review and approval of the Administrator.
(2) The O&M Plan shall clearly establish the operation and maintenance necessary to ensure the proper functioning of all temporary and permanent stormwater management facilities and erosion and sedimentation control facilities, if applicable. See Chapter 170 of the Code of Ordinances for further information. The O&M Plan shall be submitted with the stormwater management permit application plan to the Administrator.
(a) O&M Plans shall be kept on file by the municipality for all stormwater management systems.
(b) The following shall be addressed in the O&M Plan:
1. Description of maintenance requirements, including, but not limited to, the following:
A. Regular inspection of the SWM facilities. To assure proper implementation of stormwater volume and stormwater quality BMP maintenance and care, BMPs should be inspected by a qualified person, which may include the landowner, or the owner’s designee (including the municipality for dedicated and owned facilities), according to the following minimum frequencies:
(i) The first year of operation.
(ii ) Once every 3 years thereafter.
B. All pipes, swales, and detention facilities shall be kept free of any debris or other obstruction and in original design condition.
C. Removal of silt from all permanent structures which trap silt or sediment in order to keep the material from building up in grass waterways, pipes, detention or retention basins, infiltration structures, or BMPs, and thus reducing their capacity to convey or store water.
D. Re-establishment of vegetation of scoured areas or areas where vegetation has not been successfully established. Selection of seed mixtures shall be subject to approval by the municipality.
2. After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, the owner shall have 30 days to correct the deficiencies. The municipality may then conduct a subsequent inspection to ensure completion of the repairs.
3. If, after an inspection by the municipality, the condition of a stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, the municipality shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the municipality shall be assessed against the owner(s).
(Ord. 9097, passed 5-16-17)