(a) Performance Liability: No provision of this standard shall limit, increase or otherwise affect the liabilities of the permittee nor impose any liability upon the City not otherwise imposed by law.
(b) Operations and Management: During site development, a permittee is responsible for:
(1) Carrying out all provisions as approved plan and required by this standard,
(2) Promptly removing all soil, miscellaneous debris or other materials that may become spilled, dumped or otherwise deposited on any public thoroughfares during transport to and from the development site, and
(3) Taking precautions to inhibit the deposition of sediment into any sewer system or natural watercourse.
(c) Enforcement:
(1) The developer’s engineer shall be required to inspect all drainage facilities under construction and certify their compliance with approved plans and in addition, the City may inspect all drainage facilities while under construction. When facilities are not constructed according to approved plans, the City has the explicit authority to compel compliance and require correction of any situations which are not according to the approved plans.
(2) Site development operations shall be subject to inspections by the City to determine whether a site development plan is being implemented in compliance with provisions of this standard and any plan approval conditions. The applicant shall arrange with the City Engineer for scheduling of inspections to ensure effective control of erosion and sedimentation and that all drainage facilities are being completed in accordance to the approved Stormwater Management Plan. Prior to final inspection, the developer’s engineer shall provide as-built plans of the detention facilities and outlet control structures documenting facilities are constructed substantially in accordance with approved plans.
(3) After each inspection the inspector shall complete a site development status report. If the inspector finds that operations are being conducted by a permittee in violation of an approved plan or provisions of this standard, a stop-work order may be issued at that time.
(d) Ownership and Maintenance. Permanent runoff control and sediment abatement installation which are to be privately owned and maintained by an individual or group of property owner(s) shall be:
(1) Designed and constructed by the permittee with easements sufficient to allow adequate access for inspections, maintenance and corrective actions, if necessary, by the City;
(2) Inspected as needed by the City to ensure privately-owned installations are being properly maintained and, if not, the City may compel the owners to make the necessary repairs at the expense of the owner.
(3) Maintained as installed by the permittee according to the approved design and not be altered unless approved by the City.
(4) Legal / Operation Entity Requirements:
A. Acceptable Entities: The City considers the following entities acceptable to operate and maintain runoff and sediment control facilities:
1. The City;
2. Non-profit corporations including homeowners associations, property owners associations, condominium owners associations or master associations;
3. The property owner or developer is normally not acceptable as a responsible entity especially when the property is to be sold to various third parties. However, the property owner or developer may be acceptable under one of the following circumstances:
a. The property is wholly owned by said property owner or developer and is intended to be so retained. This would apply to a farm, corporate office or single industrial facility for example.
b. The ownership of the property is retained by the owner or developer and is either leased to third parties such as in some shopping centers or rented to third parties such as in some mobile home parks for example. To satisfy the requirement, the owner or developer must provide written documentation.
B. Association Requirements:
1. If a Homeowners or Property Owners Association or Master Application is proposed, the developer must submit the Articles of Incorporation for the Association, and Declaration of Protective Covenants or Deed Restrictions, as well as a reference map if referred to in documents. After these are approved, the developer must furnish the Certificate of Incorporation and the recording information (Official Book and page number) for the Declaration.
2. If a condominium association is proposed, the developer must supply the Articles of Incorporation for the Condominium Association, and Declaration of Condominium. After the documents are approved, it will be necessary for the developer to forward a copy of the letter from the Montgomery County Recorder’s Office stating that the documents are proper for filing.
The Association, be it either a non-profit association or a condominium association, must comply with the applicable provisions of Ohio laws.
3. The Association must have the following general powers which are reflected in the Articles of Incorporation:
a. Own and convey property.
b. Operate and maintain common property specifically the surface water management system as permitted by the City including all lakes, retention areas, culverts and related appurtenances.
c. Establish rules and regulations.
d. Assess members and enforce said assessments.
e. Sue and be sued.
f. Contract for services (if the Association contemplates employing a maintenance company) to provide the services for operation and maintenance.
g. The Association must have as members all the homeowners, lot owners, property owners or unit owners.
h. The Association shall exist in perpetuity; however, if the Association is dissolved, the Articles of Incorporation must provide that the property consisting of the surface water management system shall be conveyed to an appropriate agency of local government. If it is not accepted, then the surface water management system must be dedicated to a similar non-profit corporation.
i. All other powers necessary for the purposes for which the Association is organized.
4. The Declaration of Protective Covenants, Deed Restrictions or Declaration of Condominium must set forth the following:
a. That it is the responsibility of the Association to operate and maintain the surface water management system.
b. The surface water management system is owned by the association or described therein as common property.
c. That there is a method of assessing and collecting the assessment for operation and maintenance of the surface water management system.
d. That any amendment which would affect the surface water management system, including the water management portions of the common areas, must have the prior approval of the City.
e. That the Declaration of Covenants be in effect for at least 25 years with automatic renewal periods thereafter.
5. If the documents are not submitted with the original application, they must be submitted and approved prior to construction. It is advised that the documents be submitted prior to recording to allow comment by the City Solicitor. Modification of these requirements can only be based upon:
a. Intervening local government requirements of a more stringent nature such as the requirement of a maintenance agreement and posting of bond by the developer.
b. The uniqueness of the project requiring an alternative entity. Such alternative entity must be evaluated upon an individual basis with any and all necessary agreements or easements in effect before approval will be given.
(Ord. 26-03. Passed 11-17-03.)