Any portion of the permanent drainage and soil erosion systems, including onsite and off -site storage facilities that are constructed by the owner, will be continuously maintained into perpetuity.
(a) Maintenance Plans. Maintenance plans shall be provided by the permittee to both the city engineer and the post-construction operator of the BMP (including homeowner associations) upon completion of construction activities and prior to the City issuing a certificate of occupancy and final acceptance.
(b) Single Family and Multi- family Residential Developments: For any development containing common area( s) a homeowners' association shall be created and placed in the title of the affected lands. The homeowners association or property owner shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless such maintenance and inspection responsibilities become officially accepted by the City.
(c) Apartments, Commercial and Industrial 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 the City officially accepts such maintenance and inspection responsibilities.
(d) Maintenance Design: All temporary and permanent soil erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. 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 and quantity management systems and BMPs, including offsite and offsite structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the plans. Inspections and maintenance will be incorporated periodically throughout the year to ensure that the facilities are properly operational.
(e) Perpetual Maintenance Inspections.
(1) The homeowners association or property owner, at its expense, shall obtain one inspection with a written report annually. The written report will be given to the City by May 1 of each and every year after the BMP has been completed. The report shall be stamped by a professional engineer, landscape architect or Certified Professional In Erosion and Sediment Control (CPESC). The report shall include the status of permanent soil erosion, sediment control, water quality and quantity management systems and the status of the related easements. The City Engineer shall forward the report to the homeowners association or property owner along with the inspection fees. If the report indicates that the site needs work, then the owner shall perform the work within the timeline established by the city engineer. The fees associated with the inspections shall be paid in full within 30 days by the homeowners association or property owner. Single- family and two -family dwellings shall be exempt from the required annual inspections.
(2) BMPs that have a potential loss of life: A written and stamped covering the status of all BMPs that have a potential for loss of life, bodily injury, or damage to structures or infrastructure will be prepared by a professional engineer or other individual possessing a valid state license that authorizes them to design the same type of BMP for construction.
(3) BMPs that do not have a high risk for loss of life, bodily injury, or damage to structure or infrastructure related to imminent failure as determined by the City Engineer: A written and stamped report from a professional engineer or Certified Professional in Erosion and Sediment Control (CPESC) on the status of permanent soil erosion, sediment control, water quality management systems and the status of the related easements shall be submitted to the City Engineer by May 1 of each year into perpetuity.
(f) 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 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 the ODNR Division of Water at any time after construction is completed.
(g) Inspection and Maintenance Agreement.
(1) This agreement will be binding on the owner and all subsequent owners of lands served by the approved system of storm water management practices required for the site. Such agreements shall include all post-construction BMPs, shall be recorded with the deed to the property(ies) within the site, and shall provide and stipulate the following:
A. The location of each storm water management practice;
B. The method of funding long -term maintenance and inspection of all storm water management practices;
C. Features of the design that facilitate maintenance of the practice, including a written plan for providing an area for dewatering of dredged sediment, or the need to truck sediment from the site;
D. Long-term maintenance plans, requirements and inspection schedules, which plans must ensure that pollutants collected within structural post-construction BMPs be disposed of in accordance with local, state and federal guidelines;
E. The party responsible for long -term maintenance, including repairs;
F. A prohibition on alteration of the practice without prior written approval from the City Engineer;
G. Description of any easements required by this chapter;
H. Permission for the City or its agent to enter upon the property and take whatever action is deemed necessary to maintain facilities that do not perform as specified in the inspection and maintenance agreement, and to be reimbursed by the property owner(s) served by the facility for all expenses incurred within 30 days of receipt of invoice from the City; and
I. A release of the City from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against said parties from the construction, presence, existence, or maintenance of the storm water management practices.
(2) Alteration or termination of these stipulations is prohibited. The applicant must provide a draft of this inspection and maintenance agreement as part of the comprehensive SWMP submittal. Once a draft is approved, a recorded copy of the agreement must be submitted to the City to receive final acceptance of the site.
(h) Easements. A written report form an inspector on the status of all storm water management easements for each project shall be submitted to the City Engineer by May 1 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. 28-14. Passed 12-15-2014.)