(a) Operation and Maintenance Plan.
(1) The developer/property owner shall prepare an Operation and Maintenance Plan meeting the minimum requirements of the latest version of the Ohio EPA NPDES Construction Stormwater Permit for redevelopment and new development projects wherein construction activities will result in the disturbance of one or more acres.
(2) The Operation and Maintenance Plan shall be submitted by the developer/property owner to the Municipality for review and approval prior to the Municipality issuing the building permit.
(3) The Operation and Maintenance Plan must be a stand-alone document which includes the following:
A. A designation of the entity responsible for with providing the Best Management Practices (BMP(s) inspection and maintenance.
B. An identification of the routine and non-routine maintenance tasks to be undertaken.
C. The establishment of a schedule for inspection and maintenance tasks.
D. The provision of any necessary legally binding maintenance easements and agreements that are necessary to properly inspect and maintain the BMP(s).
E. The provision of a map showing the location of the BMP(s) that are indicated on the Municipality approved Storm Water Pollution Prevention Plan (SWPPP) and any necessary access and maintenance easements.
F. The provision of detailed BMP drawings and inspection and maintenance procedures.
G. An assurance from the developer/property owner that the collected pollutants resulting from BMP(s) maintenance activities are disposed of in accordance with local, state and federal guidelines.
(b) Inspection and Maintenance Agreement. An Inspection and Maintenance Agreement shall be made between the Owner and the Municipality ensuring that the BMP(s) shall be properly inspected and maintained and shall be included within the Operation and Maintenance Plan.
(c) Inspection. Personnel identified within the Operation and Maintenance Plan shall inspect the BMP(s) to ensure proper functionality and determine if maintenance is necessary.
(1) At a minimum, inspections are to be conducted annually, or more frequently as specified within the Operation and Maintenance Plan.
(2) Written inspection reports summarizing the BMP(s) inspection observations and maintenance requirements are to be submitted to the Municipality within thirty days after each inspection.
(d) Maintenance. All BMPs are to be maintained according to the measures outlined within the Operation and Maintenance Plan.
(1) The Owner shall ensure that the collected pollutants resulting from BMP maintenance activities are disposed of in accordance with local, state and federal guidelines.
(2) The Owner shall make necessary repairs within thirty days of their discovery as identified within the inspection reports or through a request from the Municipality resulting from inspections conducted by the Municipality.
(3) Maintenance activities performed are to be documented on a written report and submitted to the Municipality.
(4) In addition to any applicable provisions of Sections 935.09, 935.10 and 935.99, the Owner shall grant permission to the Municipality to enter the property and inspect the BMP(s) whenever the Municipality deems necessary. In an event of any default or failure by the Owner in properly maintaining the BMP(s) in accordance with the approved Operation and Maintenance Plan, or should an emergency occur, the Municipality, in its sole discretion, after providing reasonable notice to the Owner, may enter the property and take whatever steps necessary to correct deficiencies and charge the cost of such repairs to the Owner. Nothing herein shall obligate the Municipality to maintain the BMP(s).
(Ord. 11-015. Passed 5-9-11.)