(a) Permanent Runoff Control Installations. When permanent runoff control installations are necessary, the maintenance responsibility shall be determined by the approving agency. The maintenance responsibility of said installation(s) will be either the City, through appropriate sections of the Ohio Constitution, or privately by the property owner or a group of property owners.
(b) Maintenance by Madison County. When determined appropriate by the approving agency, the person(s) developing a site shall petition the County for maintenance of permanent runoff control installations under Ohio R.C. Chapter 6131, provided that such required installations:
(1) Benefit two or more property owners; and
(2) Are designed for cost-effective maintenance.
(c) Maintenance by the Property Owner or Group of Property Owners. When determined appropriate by the approving agency, permanent runoff control installations which are to be privately maintained by the property owner or a group of property owners shall be:
(1) Designed and constructed by the person(s) developing the site with easements or agreements sufficient to allow adequate access for inspections and corrective actions, if necessary, by the approving agency;
(2) Regularly inspected by the approving agency and/or the Madison Soil and Water Conservation District to ensure that privately maintained installations are properly maintained and, if not, maintained at the expense of the responsible owner(s) by order of the approving agency. In any controversy arising between the owner(s) and the approving agency regarding the maintenance of said installations, the decision of the approving agency shall be final.
(3) Maintained and installed by the person(s) developing the site according to the approved design and not altered unless approved by the approving agency. In the event of a change in ownership, the new party is responsible for compliance.
(d) Maintenance Within Subdivisions. Should the maintenance of any permanent runoff control installations be within the subdivision plat, the maintenance responsibilities shall be described on the recorded plat of the said subdivision.
(Ord. 140-96. Passed 4-4-96.)