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Access to SCMs as required by the city engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:
(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Stormwater Management Plan.
(b) Easements shall be approved by the City of Ontario prior to approval of a final plat and shall be recorded with the Richland County Auditor and on all property deeds.
(c) Unless otherwise required by the city engineer, access easements between a public right-of-way and all SCMs shall be no less than twenty-five (25)-feet wide. The easement shall also incorporate the entire practice plus an additional twenty-five (25)-foot wide band around the perimeter of the SCM.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site.
(e) Easements to structural SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City of Ontario. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City of Ontario at the property owner's expense. (Ord. 22-22. Passed 3-16-22.)
To receive final inspection and acceptance of any project, or portion thereof, the following must be completed by the applicant and provided to the city engineer:
(a) Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the city engineer and per the approved Comprehensive Stormwater Management Plan.
(b) An As-Built Certification, including As-Built Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the stormwater control measures, as designed and installed, meet the requirements of the Comprehensive Stormwater Management Plan approved by the city engineer. In evaluating this certification, the city engineer may require the submission of a new set of stormwater practice calculations if he/she determines that the design was altered significantly from the approved Comprehensive Stormwater Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.
(c) A copy of the complete and recorded Inspection and Maintenance Plan and Inspection and Maintenance Agreement as specified in Section 937.08 must be provided to the city engineer.
(Ord. 22-22. Passed 3-16-22.)
The owner shall inspect SCMs regularly as described in the Inspection and Maintenance Plan and Inspection and Maintenance Agreement. The City of Ontario has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation. Upon finding a malfunction or other need for maintenance or repair, the City of Ontario shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have five (5) working days, or other mutually agreed upon time, to make repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the city engineer for these repairs not in place, the City of Ontario may undertake the necessary repairs and assess the responsible party.
(Ord. 22-22. Passed 3-16-22.)
(a) In order to obtain a Stormwater Management Permit, the applicant shall submit design plans, quantities and itemized cost estimates for the stormwater facilities, prepared by a Registered Professional Engineer to the city engineer for review and approval. A certified check in the amount of one hundred fifty dollars ($150.00) or two percent (2%) of the construction cost estimate for the stormwater management facilities, whichever is greater, shall be paid to the Treasurer before issuance of the Stormwater Management Permit to offset the costs of plan review and field inspection of such construction to assure its conformance with the plans.
(b) If the Stormwater Management Facilities to be constructed are part of a subdivision being developed under the "Subdivision Regulations of the City of Ontario, Ohio, Ordinance 77-19 as amended" and the filing, plan review and inspection fees for stormwater management facilities are included in the subdivision fee, then this section shall be waived.
(c) No permit fee shall be required for nonfarm, earth-disturbing activities which have been provided for in an already approved stormwater management plan (i.e. home construction on a lot in an approved subdivision with an approved stormwater management plan).
(Ord. 22-22. Passed 3-16-22.)
(a) If a Comprehensive Stormwater Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a one hundred percent (100%) performance bond or other satisfactory security has been provided to the City of Ontario. The City Engineer shall approve the sufficiency of the bond and the Law Director shall approve the bond as to form. This bond shall be posted for the City of Ontario to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation.
(b) The bond or other security required by this section shall be equal to one hundred percent (100%) of the estimated cost of the storm water management facilities included in the Comprehensive Storm Water Management Plan submitted under Chapter 937.
(c) Storm drainage facilities and control structures that are being constructed as part of a subdivision subject to the subdivision regulations of the City shall be considered as an improvement. As such, they shall be subject to the bonding requirements therein and this section of the Stormwater Management Regulations shall be waived. The value of the stormwater drainage facilities shall be included in the amount of the performance bond for the subdivision improvements.
(d) The stormwater bond will be returned, when the following three criteria are met:
(1) One hundred percent (100%) of the total project has been permanently stabilized.
(2) An As-Built Inspection of all stormwater control measures as described in Section 937.12 is approved by the city engineer.
(3) An Inspection and Maintenance Plan has been approved by the City of Ontario and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Ontario, and the private owner or homeowners association who will take long term responsibility for these SCMs, is accepted by the city engineer.
(Ord. 22-22. Passed 3-16-22.)
The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the city engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the city engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two (2) days.
(Ord. 22-22. Passed 3-16-22.)
No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation. (Ord. 22-22. Passed 3-16-22.)
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