(A) The SWQMP requirements established in §§ 56.20 through 56.33 of this chapter shall be amended to include permit closure requirements for the post-construction SWPPP. It shall be considered open and active until a time when the city accepts the site conditions, as-built requirements are completed and a long-term operation and maintenance agreement has been accepted.
(B) Acceptance of site conditions shall be made by the city through inspection. If any of the following items are deemed to be insufficient, not appropriate and/or inconsistent with the post-construction SWPPP or objectives stated in this subchapter, then approval will not be granted.
(C) The permitee shall submit a written request for permit closure.
(D) The city shall have 21 normal business days to perform an inspection and respond to the request. If the city does not respond within the 21 normal business days, then the request shall be automatic approval.
(E) As-built requirements.
(1) Prior to issuance of a certificate of occupancy, recording of the final plat or final release of bond, the as-built condition (including: invert elevations, size, shape and location) of critical storm water management features must be identified and approved.
(2) The volume, slopes, configuration, condition and topographic information of all detention, retention and water quality practices shall be certified by a professional engineer licensed in the State of Indiana. This information shall be provided to the city, in the form of an as-built drawing or other electronic form accepted by the city. The as-built certification shall indicate if final conditions are consistent with, or exceed, the SWQMP provisions.
(3) If it is determined that information provided in the as-built drawing, certification, inspection or survey of the site does not meet or exceed the SWQMP provisions, the city reserves the right to withhold certification of occupancy or final bond. Furthermore, other enforcement mechanisms may be applied to the permittee or persons making certifying statements.
(F) Long-term operation and maintenance agreements shall include a maintenance plan for all stormwater quality BMPs in new development or redevelopment that require more than general maintenance (e.g., periodic mowing).
(1) The plan will be developed to ensure that the stormwater quality BMP(s) is (are) kept functional. The maintenance agreement will specify minimum operation and maintenance requirements and intervals to be performed by the property owner.
(2) The plan shall address schedules for inspections and techniques for operation and maintenance including vegetation clearing or mowing and removing accumulated trash, debris, sediment pollutants and other forms of pollution.
(3) The agreement shall be noted on the final plat with the appropriate notation on the particular lot(s).
(4) The agreement shall be included with property ownership title documents and shall be binding on the owner, its administrators, executors, assigns, heirs and any other successors in interest.
(5) The format for the long-term operational and maintenance agreement shall be provided through example by the city, through guidance documents.
(6) Stormwater detention and retention maintenance. Care must be taken to ensure that any required facilities do not become nuisances or health hazards. Detention and retention facilities should be designed to require minimal maintenance and maintenance expectations must be clearly stated in the long-term operation and maintenance agreement.
(7) When a stormwater quality BMP serves more than one parcel, an owners' association or binding contract for the purpose of operation and maintenance is required. The owners' association shall be responsible for operation and maintenance as directed by this subchapter.
(G) Single entity ownership. Where the permanent stormwater runoff control facilities are designed to manage runoff from property in a single entity ownership, the maintenance responsibility for the stormwater control facilities shall be with the single entity owner.
(1) A
SINGLE ENTITY shall be defined as an association, public or private corporation, partnership firm, trust, estate or any other legal entity allowed to own real estate exclusive of an individual lot owner.
(2) The stated responsibilities of the entity shall be documented in the long-term operation and maintenance agreement. Terms including owning, operating and maintaining the facilities shall be submitted with plans in application for a SWQMP for an adequacy determination. Approval of a SWQMP shall be conditioned upon the approval of these terms. These terms shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the city, contain a provision permitting inspection at any reasonable time by the city of all facilities deemed critical in the public welfare.
(3) Upon approval of the stormwater quality BMPs by the city, the facility owner(s) shall demonstrate the ability to guarantee and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the city. The city will only approve funding mechanism(s) for long-term maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity.
(4) In the event that proposed funding is through an owners' association, then it must be demonstrated that the association may not dissolve unless long-term operation and maintenance activities are accepted by another entity with equivalent longevity and adequate funding. Furthermore, the owners association's responsibility must be stated in the association's declaration, covenants or by-laws, as appropriate.
(5) Unless made specifically clear in the preliminary stages of the site design and construction plan review procedure, it will be assumed that all stormwater detention, retention, treatment or storage facilities and/or devices shall be owned, operated and maintained by a single entity as defined above.
(H) Where the city has accepted an offer of dedication of the permanent stormwater quality BMPs, the city shall be responsible for operation and maintenance.
(Ord. G-06-12, passed 4-20-2006)