1197.01  GENERAL PROVISIONS.
   (a)   To the maximum extent practicable, all Development shall conform to the natural contours of the land, and natural and preexisting man-made drainage ways shall remain undisturbed.
   (b)   Practices that preserve and/or improve the existing natural drainage shall be used to the maximum extent practicable. Such practices may include minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation and vegetative buffer strips; phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing and grubbing practices; and maintaining unconcentrated storm water runoff to and through these areas. Post-construction storm water practices shall provide perpetual management of runoff quality and quantity so that a receiving stream's physical, chemical and biological characteristics are protected and ecological functions are maintained.
   (c)   For site Storm Water drainage systems, compacted earth, stone and gravel areas capable of supporting vehicles and or material handling equipment shall be considered impervious surfaces.
   (d)   No surface water may be channeled or directed into a sanitary sewer.
   (e)   Off-site improvements to the Storm Water collection system as may be required to accommodate the Development shall be constructed at the expense of the developer.
   (f)   Drainage Easements.  Future access to runoff drainage ditches and channels, swales, runoff storage facilities, storm sewers and other drainage ways and structures, as may be required by the Director, shall be secured by means of easements.
      (1)   Such easements shall be not less than twenty-five (25) feet in width, in addition to the width of the ditch, channel, or other facility it is to serve. Further, an easement of this type shall be provided on at least one (1) side of the storm drainage ditch, channel, or similar-type facility.
      (2)   Access along the initial drainage system shall be by means of easements. Such easements shall be not less than twenty (20) feet in width, with a minimum ten (10) foot width on either side of the centerline.
      (3)   Access adjacent to storage facilities shall consist of a twenty-five (25) foot easement in the case of detention (dry) basins, and a twenty (20) foot easement with a twenty-five (25) foot level bench in the case of retention (wet) basins, measured from the top of the bank, and shall include the storage facility itself.
      (4)   Storm drainage easements containing underground facilities shall be an appropriate width to allow removal and replacement of the facility and shall have a minimum width of twenty (20) feet.
      (5)   Those lots crossed by an easement shall be restricted against the planting within said easement of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of Storm Water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the Storm Water management
   (g)   Maintenance.  Any portion of the Storm Water management systems, including on-site and off-site storage facilities that are constructed by the developer, will be continuously maintained into perpetuity. Identification of the landowner(s), organization, or municipality responsible for long-term inspection and maintenance, including repairs, of the BMPs/SCMs. 
      (1)   Single-Family Residential Developments: A Homeowners' Association or property owner, created pursuant to Ohio Law, 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.
      (2)   Multifamily, Commercial and Industrial Developments: The plans will clearly state that the property Owner(s) shall be continuously responsible for post-construction maintenance and inspections into perpetuity.
   (h)   Maintenance Design: Designs that facilitate minimal maintenance 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 Storm Water management systems and BMPs/SCMs, 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 Storm Water Management plan and by the requirements of this Chapter.
   (i)   A written and stamped report from a registered professional (engineer, architect, landscape architect, Certified Professional in Erosion and Sediment Control, etc.) on the status of all Storm Water basins and surface drainage swales, and status of the related easements for each project, shall be submitted to the Community Development Department by May 1st into perpetuity with dry systems inspection reports being submitted every five years; and wet systems reports being submitted every two years unless directed otherwise by the Director or his designee.
   (j)   If there are any conflicts between provisions of Chapter 1197 and other sections of the Kent Codified Ordinances, then the sections of Chapter 1197 shall control.
(Ord. 2017-17.  Passed 3-15-17.)