(A) After stormwater management approval and the commencement of construction activities, the county has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this chapter, the Stormwater Technical Standards Manual, and the terms and conditions of the approval.
(B) Stormwater quality facilities shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the Indiana Stormwater Quality Manual or the Hendricks County Stormwater Technical Standards Manual, and/or the terms and conditions of the approved stormwater permit, and shall not be subsequently altered, revised, or replaced except in accordance with the stormwater management approval, or in accordance with approved amendments to the original approval.
(C) Following construction completion, maintenance of stormwater quality facilities may be the long-term responsibility of the County Drainage Board. Stormwater detention/retention basins may be donated to the county or another unit of government designated by the County Drainage Board for ownership and permanent maintenance, providing the County Drainage Board or other governmental unit is willing to accept responsibility.
(D) If the county accepts the petition for incorporation of post-construction stormwater quality BMPs into their system, the following statement shall become part of the restrictive covenants of every platted subdivision and shown on the recorded plat: “The post-construction stormwater quality BMPs listed in the following table [provide a table below this statement] and located within designated Regulated Drainage Easements (RDEs) are extensions of Hendricks County’s stormwater drainage system and are the responsibility of the Hendricks County Drainage Board. Specific definitions and requirements associated with these RDEs and BMPs are contained in Chapter 3, Section 2.4 and Chapter 5 of the Hendricks County Stormwater Management Ordinance and in the Hendricks County Stormwater Technical Standards Manual. Every lot owner in the subdivision is responsible for the maintenance costs associated with the noted post-construction stormwater quality BMPs.”
(E) The following statement shall be put on each subdivision plat: “A petition addressed to the Hendricks County Drainage Board has been filed with the County Surveyor, requesting that the subdivision’s post-construction stormwater quality BMPs, listed in the following table [provide a table below this statement], and their associated easements be accepted into the County’s regulated drainage system. The noted post-construction stormwater quality BMPs and their easements that are accepted into the County’s regulated drainage system are delineated on the plat as Regulated Drainage Easements (RDEs). All other drainage easements have not been accepted into the County’s system. Within the latter easements, the Hendricks County Drainage Board assumes no responsibility relative to said improvements or the maintenance thereof. Specific definitions and requirements associated with these RDEs and BMPs are contained in Chapter 3, Section 2.4 and Chapter 5 of the Hendricks County Stormwater Management Ordinance and in the Hendricks County Stormwater Technical Standards Manual. This subdivision contains the following post-construction stormwater BMPs that will be included in the County’s Regulated Drainage System.” A table listing the name and location of every post-construction stormwater quality BMPs being accepted into the county regulated drainage system shall also be included immediately following the above statement on the recorded plat.
(F) All stormwater quality facilities will be inspected by representatives of the project site owner until the project is complete and a notice of termination has been approved. Inspection frequency shall follow specifications included in the Operation and Maintenance Manual submitted as part of the stormwater management approval application. Optional inspection checklists for some of the more common BMPs can be found in the Technical Standards. Following project completion, the owner is responsible for inspection and maintenance of the stormwater quality facilities. The county has the authority to conduct inspections following project completion to ensure full compliance with the provisions of this chapter. Noted deficiencies and recommended corrective action will be included in an inspection report. If deficiencies are found during the inspection, the owner of the stormwater quality facility will be notified by the county and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the county notification, the county will undertake the work and collect from the owner using lien rights if necessary.
(Ord. 2023-45, passed 12-12-2023)