(A) BMPs shall be maintained in good condition, in accordance with the operation and maintenance procedures and schedules listed in the Indiana Stormwater Quality Manual or the city’s Utility and Infrastructure Construction Standards and Specifications Manual, and the terms and conditions of an approved stormwater management permit, and shall not be subsequently altered, revised or replaced. Alterations, revisions or replacement of the BMP shall be in accordance with the provisions of an approved stormwater management permit (as amended or revised) or as approved by the city. The BMP owner is considered in violation of this chapter if the BMP is not maintained properly.
(B) Following the issuance of an NOT or the installation of an acceptable BMP, inspection and maintenance of the BMP(s) shall be the long-term responsibility of the HOA or entity as specified in restrictive covenants. The HOA or entity is required to inspect the referenced BMP(s) at least once per year. The inspections shall follow the operation and maintenance procedures included in the city’s Utility and Infrastructure Construction Standards and Specifications Manual and/or the stormwater management permit for each specific BMP. The inspection shall cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. The HOA or entity is required to submit a yearly inspection report form (city’s Utility and Infrastructure Construction Standards and Specifications Manual) demonstrating proof of inspection, with the first report to be required one year after the HOA or entity gains ownership of the BMP(s), and subsequent reports due each year within the month of the original transfer of ownership. Noted deficiencies and corrective actions taken should be included in the report.
(C) The city has the authority to perform long-term inspection of all public or privately owned BMPs. Such inspections will be in addition to that required to be performed by the HOA or the entity on a regular basis. The HOA or entity is in violation of this chapter if an inspection report is not submitted to the city within one month of the date due, if the HOA or entity fails to correct noted deficiencies within the allowed time period, or if the city identifies a violation that was stated as not existing in the submitted inspection report.
(Prior Code, § 62-112) (Ord. 05-30, passed 11-14-2005)