(a) Responsibilities – The responsibilities of the Village of Waverly, the property owner(s), the Owner/Developer with regard to the maintenance of storm water control facilities shall be delegated as described herein. Storm water control facilities shall be as defined in Chapter 1166 of the Codified Ordinances of the Village of Waverly. Said respective responsibilities are as follows:
(1) Village of Waverly – The Village of Waverly shall be responsible for the following maintenance activities.
A. When the storm water control facility serves properties owned by two or more owners or entities, an annual inspection of the hydraulic components of the structure shall take place by the Village of Waverly to help ensure its safe and effective operation and to maintain the hydraulic integrity of facility. Maintenance associated with the hydraulic integrity of the structure is limited to work ensuring the design standards and provisions of the Codified Ordinances of the Village of Waverly continue to be satisfied. Such components may be generally described as primary control structures, headways, spillways, culverts, discharge piping, weirs, orifices, and other critical structures as determined by the Village of Waverly. The annual inspection shall include review of these elements for debris collection, clogging by debris or siltation, or evidence of apparent structural deficiencies essential to maintain hydraulic integrity.
B. The Village of Waverly will be required to:
1. Remove debris as found during the inspection.
2. Remove excess siltation in control structures or discharge piping.
3. Create a schedule for and ultimately make repairs to control structures, headwall, spillways, culverts, discharge piping, weirs, orifices, and other hydraulically critical infrastructure.
C. The Village of Waverly has the responsibility and is empowered to enforce the provisions of this Section in accordance with Item b) below.
(2) Property Owner(s) – The Property Owner(s) may be, but is not limited to, a Home Owners Association (HOA), a private individual, or a corporation, limited liability corporation, or other commercial entity. The Property Owner(s) shall be responsible for the following maintenance activities.
A. The regular and routine mowing of grass or other vegetation surrounding, on the banks of, or within the structure for aesthetic purposes of for proper operation of the storm water control structure. Aesthetically acceptable shall generally be a neat and clean appearance to the satisfaction of the Village of Waverly.
B. Removal of organic or inorganic debris which collects around critical components of the control structure(s) in between the annual inspection of the Village of Waverly and after each major storm event.
C. Animal or rodent control which could potentially cause damage to any embankment or structure.
D. Removal of all woody or tree-like vegetation at an immature state as to prohibit further growth and potential storm water control facility damage.
E. Report to the Village of Waverly, Office of the Mayor, any observed deficiencies in their opinion could pose a threat to the functionality and proper operation of the facility beyond those measures which are the responsibility of the Property Owner.
(3) Owner/Developer shall
A. Maintain all storm water control facilities for a period following construction and until acceptance of the public improvements in the subdivision into the village systems. The storm water control facility shall be included in the 1-year maintenance bond as per Chapter 1169 of these ordinances. During this time, all storm water control facilities shall be maintained to meet the design standards and the provisions of these regulations. Failure to maintain the improvement during the one-year maintenance period may result in action against the owner and/or developer.
B. Provide easements required for Village and HOA maintenance of the basin or if the facility is located in an area where the Village will need access through personal property to perform necessary maintenance of all storm water control facilities. Generally, a maintenance easement of 20-foot minimum width, in addition to the size of the storm water facility when flooded, is required. A specifically located, 20 foot minimum width access easement shall also be required, from the easement at, alongside or around the storm water control facility, to the nearest public right-of-way. Maintenance easement shall be illustrated on the final plat for recording.
(b) Agreements – Written and publically recorded agreements between the Property Owner(s) and the Village of Waverly shall be put in place defining the maintenance responsibilities. These agreements or restrictions shall be recorded in the deed or on the final plat for the property or subdivision, and reference thereon made to the entity or individuals responsible for maintenance. Agreements shall provide for access to the facilities for regular inspection to ensure that the facility is maintained to meet design standards and the provisions of the Subdivision Design Standards for the Village of Waverly, Ohio and in accordance with the Codified Ordinances of the Village of Waverly.
(c) Enforcement - Should the Property Owner of the storm water control facility fail to meet its obligations the Village of Waverly shall issue written notice in the form of certified mail to the Property Owner(s) informing them of the maintenance deficiencies. If after ninety (90) days of receipt of this notice the deficiencies have not been corrected, then the Village of Waverly will perform or have the corrective actions performed. The costs of the corrective maintenance shall be assessed to the taxes of the Property Owner(s), respectfully, on a per parcel proportional basis. In the case of ownership by private individuals or a HOA, all of the properties identified on the plat as responsible for maintenance of the facility shall notified and assessed.
(d) Privately Owned Facilities – Any storm water control facility serving one user, whether residential, commercial, or industrial shall be the responsibility of the property owner.
(Ord. 65-2015. Passed 11-2-15.)
(Ord. 65-2015. Passed 11-2-15.)