(a) The City's OEPA NPDES permit (OHQ000004 or latest version) requires post construction storm water management for new construction and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development. The SWMP describes a combination of structural and non-strnctnral BMPs selected by the City to minimize water quality and water quantity impacts. The latest version of the permit requirements and the SWMP shall be part of these regulations.
(b) Structural BMPs. Structural BMPs are manmade facilities, structures, or devices that are constructed to provide temporary storage and/or treatment of stormwater runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands. Structural BMPs are to be used by property owners to minimize water quality and water quantity impacts on any project. The ODNR guidance manual "Rainwater and Land Development: Ohio Standards for Stormwater Management, Land Development and Urban Stream Protection", latest version, should be used as the minimum guidance criteria for the selection and design the appropriate structural BMPs. Water quantity calculations should also meet the design criteria per the Montgomery County Subdivision Drainage Regulations, latest version. Structural BMPs will be evaluated and approved by the City on a project-by-project basis.
(c) Non-Structural BMPs. Non-structural BMPs are stormwater runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts. These BMPs include preserving riparian areas, preserving existing vegetation, minimizing impervious area, vegetative buffer strips, phasing of construction, and tree preservation areas. Non-structural BMPs will be evaluated and approved by the City on a project-by-project basis.
(d) Technical Requirements. Post construction stormwater controls within the City shall be planned, designed, and constructed in accordance with the Montgomery County Subdivision Drainage Regulations, latest version, unless othenvise stated in this chapter. The post construction stormwater control regulations are for new construction and redevelopment projects. Designated City staff will fulfill the role of County Engineer in these storm drainage regulations.
For post construction controls for projects with land disturbance of greater than or equal to one acre including projects less than one acre that are part of a larger common plan of development, the OEPA NPDES General Permit for Storm Water Discharges Associated with Construction Activities (OHC000005 or latest version) shall be part of these regulations. The property owner or his designee shall be the permit holder. Designated City staff shall be responsible for reviewing and inspecting the requirements of the OEPA General Permit.
(e) Long-Term Operation and Maintenance. A detailed long-term operation and maintenance plan shall be provided for all permanent BMPs for each newly developed and redeveloped property, and existing permanent BMPs. The plan will describe procedures and inspections needed to ensure the continued performance of the BMPs. The plan must ensure that pollutants collected within the post construction BMPs are disposed of in accordance with local, state, and federal regulations.
(f) Maintenance Agreements. All properties with permanent BMPs are required to have an approved maintenance agreement with the City for the permanent BMPs. The agreement shall have a clause to authorize the City to enter the prnperty as needed for inspections. The agreement shall bind all current and subsequent owners of the prnperty served by the BMPs. The agreement shall be approved by the City. The agreement shall include at least the following:
(1) A party responsible for maintenance. Maintenance could include mowing, landscaping, debris pick-up, and ensuring all inlet and outlet structures are free of obstructions and in good repair.
(2) Prohibition of unauthorized alterations of all stormwater management facilities.
(3) Adequate access to all BMPs for inspection by the City.
(4) A recorded easement to the City for the BMPs. Easements shall incorporate the BMPs, provide access to the BMPs, and have a minimum width of twenty feet.
(5) Steps to follow if violations are observed.
(g) Enforcement Procedures. All development and redevelopment prnperties are subject to inspection by the City as needed to ensure construction is in compliance with permits and approvals and permanent BMPS are in compliance with the approved maintenance agreements. If it is observed that any operations are being conducted in violation of the permits, apprnvals, and/or maintenance agreements, a notice of violation may be issued until the identified violations cease.
The owner or other person in possession of land who violates or fails to comply with any provisions of this chapter shall be fined not more than one thousand dollars ($1,000) for each violation thereof. Each day the violation continues shall constitute a separate offense.
(Ord. 2111-22. Passed 4-14-22.)