(a) Long-term maintenance requirements and schedules of all BMPs for post-construction phases of the development will be provided in Inspection and Maintenance Agreements (I&M Agreement) between the property owner and the City. The Mayor, City Administrator, and City Engineer, each individually, are authorized to sign I&M Agreements on behalf of the City.
(1) The I&M Agreement will contain long-term maintenance inspection schedules, including the printed name and contact point of the post-construction landowner (e.g., president of the homeowners association, store manager, apartment complex manager, etc.).
(2) The I&M Agreement will identify the person or entity that will serve as the post-construction operator who will be financially responsible for maintaining the perpetual inspection and maintenance of permanent storm water conveyance and storage structures and other storm water BMPs.
(3) The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion and sediment control and water quality practices will be identified.
(4) I&M Agreements must ensure that pollutants collected within structural post-construction practices, be disposed of in accordance with local, state, and federal regulations.
(5) I&M Agreements must include legally binding perpetual maintenance easements and agreements. Easement documents must provide for City access.
(6) Single-Family and Multi-Family Residential Developments. A homeowners' association shall be created and placed in title of the affected lands and shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the City.
(7) Apartments, Commercial and Industrial Developments. The I & M Agreement will clearly state that the owner of the property shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless the City officially accepts such maintenance and inspections.
(8) Maintenance Design.
A. All temporary and permanent soil erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements.
B. Multi-use facilities incorporating assets such as aesthetics and recreation may be incorporated into the design of the drainage facilities.
C. All permanent drainage, soil erosion, sediment control, water quality management systems and BMPs, including on-site and off-site structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the I & M Agreement.
(9) Easements.
A. A written report from an inspector on the status of all storm water management easements for each project shall be submitted to the City Engineer by March 1st of each year into perpetuity.
B. These reports will document if restricted plantings, fences and structures are on the easement and will identify the location of the noted easement restriction violations.
(10) Detailed requirements for Post-Construction Inspection and Maintenance Agreements (including a template I&M Agreement) are found in the City of Tiffin Storm Water Management Program.
(11) Once per year, the City shall request and collect facility inspection reports from designated Owners of I&M Agreements for post-construction storm water BMPs for inclusion into City's MS4 Annual Report. Site owner annual reporting must comply with the requirements of the City of Tiffin Storm Water Management Program. Annual reports must be submitted to the City by March 1st annually.
(12) If permittee/owner of post-construction BMPs do not return facility inspection reports to the City, the City Engineer is authorized to perform inspections of post-construction storm water BMPs to determine if the system(s) are functioning as designed and permitted.
(13) City Engineer to issue Notice of Violation (NOV) with administrative fee during required inspections of post-construction storm water BMPs.
(14) City Engineer shall notify all facility owners with deficiencies and require corrective action within four (4) months of issuance of NOV.
(15) If owners of post-construction storm water BMPs do not implement required corrective action within four (4) months of NOV issuance, the City may complete the repairs and bill the property owner for such repairs per the I&M Agreement. (Ord. 19-68. Passed 11-4-19.)