All temporary and permanent control practices shall be maintained and repaired in accordance with the approved Inspection and Maintenance Agreement and as needed to ensure continued performance of their intended function. All sediment control practices must be maintained in a functional condition until all slope areas they control are permanently stabilized. Any portion of the permanent 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. All maintenance plans must meet the following standards and those responsible for implementation of the maintenance plan must adhere to them:
(a) Maintenance plans must ensure that pollutants collected within structural Post- Construction BMP practices are disposed of in accordance with local, state and federal guidelines.
(b) Maintenance plans shall be provided by the owner of the site to both the City of Fairview Park Engineer and the post-construction operator of the BMP (including homeowner associations) upon completion of construction activities and prior to the City of Fairview Park Engineer giving final approval for the completed construction.
(c) Single-Family Residential Developments: A Homeowners’ Association or other entity acceptable to the City 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 City of Fairview Park.
(d) Multi-Family and Commercial 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 City of Fairview Park.
(e) 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 ordinance. Inspections and maintenance will be incorporated periodically throughout the year to ensure that the facilities are properly operational.
(f) Permit Related Inspections: All controls on the site shall be inspected in accordance with the applicable individual NPDES Construction Activity Permit or Ohio EPA’s NPDES Construction Activity Permit #OHC000002. This shall include procedures that all controls on the site are inspected at least once every seven calendar days and within 24 hours after any storm event greater than one- half inch of rain per 24 hour period until no longer required under the applicable Ohio EPA storm water control permit.
(g) Perpetual Maintenance Inspections: One (1) inspection with a written report will be performed each year. The written report will be given to the City of Fairview Park’s Building Department by May 1st of each and every year after the Best Management Practice (BMP) has been completed. The City retains the authority to require that the annual inspection report be a written and stamped report from a professional engineer or other individual possessing a valid state license that authorizes them to design the type of BMP inspected.
(h) 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 (ODNR) 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 if completed.
(i) Repair and maintenance: If an inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within 10 days of the inspection.
(j) Authority of City to perform corrective actions: The City of Fairview Park is authorized to enter upon the property and to perform the inspections or any necessary corrective actions if the landowner(s), person, or organization responsible for maintenance does not make the required inspection or correction within the specified time period in the maintenance plan or within a reasonable amount of time where no time period has been specified. The City of Fairview Park shall be reimbursed by the landowner(s), person, or organization responsible for maintenance for all expenses related to inspection or correction incurred by the City within ten (10) days of receipt of invoice from the City.
(k) Modification of the selected control practice: If an inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Storm Water Pollution Prevention Plan must be amended by the person or entity responsible for maintenance and the new control practice must be installed after receiving approval from the City Engineer. If an inspection reveals that a planned control practice is not needed, the person or entity responsible for installation must request approval from the City Engineer to no longer implement the planned control practice.
(l) Easements: A written report from an inspector on the status of all storm water pollution prevention easements for each project shall be submitted to the City of Fairview Park Engineer by May 1st 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.
(Ord. 08-13. Passed 3-3-08.)