(a) Internal Inspections.
(1) All controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The site owner and/or applicant shall assign certified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all storm water control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
(2) The site owner shall maintain for three years following the final stabilization of the site a record summarizing inspections, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site in compliance with the SMP and identify any incidents of non-compliance.
(b) Ownership and Maintenance of Storm Water Facilities.
(1) In cases where storm water control facilities are proposed on single private properties, the City authorized agent shall approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(2) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(3) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair.
B. For subdivisions, unless otherwise approved by the City, responsible party(ies) shall be an entity of common ownership (e.g. land/homeowner's association) within the proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the land/homeowners association.
C. Prohibit unauthorized alterations of all storm water management facilities.
D. Provide adequate access to all storm water management facilities for inspection by the City authorized agent(s) and corrective actions by the owner.
(4) All storm water management facility easements shall be on the final plat, prior to approval by the City, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(5) The owner/developer shall submit two sets of as-builts of all storm water facilities and improvements to the City.
(6) The City authorized agent may require the owner and/or the applicant to follow the maintenance procedure outlined in Ohio R.C. 6131.63. The City authorized agent may require of the owner and/or applicant any one or all of the following prerequisites:
A. Benefit two or more property owners.
B. Are designed for cost effective maintenance.
C. Are determined by the City authorized agent to be appropriate additions to this jurisdiction's existing storm drainage system.
D. Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(7) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the authorized agent(s) prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the authorized agent(s) drainage easements shall be no less than 20 feet wide, plus the width of the storm water facility(ies).
C. Unless otherwise required by the authorized agent(s), storm water management facilities, including basin, ponds or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (land/homeowners association).
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction - “Any lot area reserved for drainage purposes, shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the City of Miamisburg authorized agent. Maintenance of the drainage easement area, storm water control facility(ies), and ditches shall be the responsibility of the owner(s) of the lot on which these facilities and/or ditches are located.”
(c) Maintenance Easement.
(1) Prior to the issuance of any permit that has a storm water management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the storm water management facility.
(2) The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter.
(3) The easement agreement shall be recorded by the City in the land records.
(d) Maintenance Agreements.
(1) Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance agreement that must be approved by the City and recorded into the land record prior to final plan approval.
(2) All storm water management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include: removal of silt, litter and other debris from all catch basins, inlets and drainage pipes; grass cutting and vegetation removal; and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the City, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility.
(3) As part of the agreement, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The agreement shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
(4) The City, in lieu of a maintenance agreement, may accept dedication of any existing or future storm water management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
(e) Inspection of Storm Water Facilities.
(1) The City authorized agent will establish an inspection program based on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of State or Federal water or sediment quality standards or the NPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws.
(2) Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water treatment practices.
(3) Right-of-entry for inspection. When any new drainage control facility is installed on private property, or when any new connection is made between private property and municipal separate storm sewer system (MS4), the property owner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
(f) Records of Installation and Maintenance Activities. Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the City during inspection of the facility and at other reasonable times upon request.
(g) Failure to Maintain Practices. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the City authorized agent shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have ten business days to affect maintenance and repair of the facility in an approved manner. After proper notice, the City may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.
(Ord. 5973. Passed 2-20-07.)