1111.05  POST-CONSTRUCTION WATER QUALITY PLAN.
   (a)    The Post-Construction Water Quality Plan is intended to improve the quality of storm water runoff from a developed site following completion of construction of the site.  The Post-Construction Water Quality Plan shall include a Water Quality Best Management Practices Plan, a Site Maintenance Plan and Water Quality Assurance Agreements.  The combined Post- Construction Water Quality Plan will be coordinated with the Erosion and Sedimentation Control Plan and, if necessary, the Riparian and Wetland Setback Plan as part of a combined Storm Water Pollution Prevention Plan for the development.  All permanent storm water, soil erosion, sediment control and water quality practices not specifically waived by the City of Westlake shall be constructed prior to the granting of the Final Plat Approval.  Upon the request of the owner, the City may defer the construction or installation of a permanent storm water, soil erosion, sediment control or water quality practice prior to the approval of the final plat where, in the Director of Engineering’s judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions.  In such event, the City shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six (6) months after the filing of such final plat.
   (b)   The Post-Construction Water Quality Plan applies to development areas having new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted.  This ordinance does not apply to:
      (1)   Land disturbing activities related to producing agricultural crops or Silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501: 15-3-01 to 1501: 15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this regulation.
      (2)   Surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
      (3)   Construction activities that do not include the installation of any impervious surface(e.g., soccer fields), abandoned mine reclamation activities regulated by the Ohio Department of Natural Resources, stream and wetland restoration activities, and wetland mitigation activities.
      (4)   Linear construction projects, (e.g., pipeline or utility line installation), which do not result in the installation of impervious surface and are independent of other construction projects (not part of a larger common plan of development or sale).  However, linear construction projects must be designed to minimize the number of stream crossing and the width of disturbance and achieve final stabilization of the disturbed area within twenty (20) feet of the stream bank.
      (5)   Transportation projects that are subject to industry specific Ohio EPA Rules are exempt from these rules.
      (6)   It is not the role of the community to point out each and every part of the rules and how to implement them on the individual job sites.  It is the project owner’s responsibility to be proactive in meeting the intent, purpose and requirements of these regulations.
   (c)   The Post-Construction Water Quality Plan is intended to:
      (1)   Allow for development while reducing damage to receiving water resources and drainage systems that may be caused by new development or redevelopment.
      (2)   Protect and maintain the physical, chemical, biological and functional characteristics of downstream receiving waters.
      (3)   Provide for the perpetual management of storm water runoff quality and quantity.
      (4)   Establish consistent technically feasible and operationally practical standards to achieve a level of storm water quantity and quality control that will minimize damage to public and private property and degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the City of Westlake.
      (5)   Preserve, to the maximum extent practicable (MEP), natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.
      (6)   Assure that storm water quality controls are incorporated into site planning and design.
      (7)   Reduce the need for costly treatment and mitigation for the damage to and loss of water resources that are the result of inadequate storm water quality control.
      (8)   Ensure that all storm water quality practices are properly designed, constructed, and maintained.
   (d)   The Post-Construction Water Quality Plan shall utilize Best Management Practices (BMPs) which meet the standards and specifications from the current edition of the Ohio Rain Water and Land Development manual, ODOT Post-Construction storm water standards, or other manual that is acceptable to the Director of Engineering for the City of Westlake or the Ohio EPA.  The plan shall be designed to provide for the most effective method(s) of providing long-term water quality improvements with the most feasible long-term maintenance requirements for the BMPs selected. 
   (e)   These plans shall be accompanied by other required permits and documentation relevant to the project, including but not limited to the US Army Corps of Engineers, Ohio EPA, ODNR Division of Water and Ohio EPA NPDES Permit for Construction Activities.  Text material for the plans will be on 8.5 by 11 inch paper. 
   (f)   Approved plans shall remain valid for two (2) years form the date of approval.  After two (2) years the plans(s) approval automatically expires. 
   (g)   The Water Quality Best Management Practices Plan shall be included with the site development plans submitted for review and approval to the Westlake Engineering Department prior to development and shall include, at a minimum, the following information:
      (1)   Site plan with proposed topography shown on one-foot contours.
      (2)   Site plan showing any natural or developed waterways and wetlands along with the required Riparian and Wetland Setback Limits.
      (3)   Site plan showing locations and details of any proposed post-construction BMPs to be constructed on site during development.
      (4)   Description for rationale for use of each chosen BMP to include the anticipated impacts on channel and floodplain morphology, hydrology, and water quality as well as required short and long term maintenance requirements for the chosen BMPs.
      (5)   Location of any necessary permanent easements to allow for the long-term maintenance of any post-construction BMPs on site.  Easements shall prohibit any development or construction that would prevent the access of necessary equipment needed to properly maintain the BMPs.  Easements shall be no narrower than xx feet wide...
   (h)   The Site Maintenance Plan shall be submitted to the Westlake Engineering
Department and approved prior to the approval of the development.  The Site Maintenance Plan shall include at a minimum, the following information:
      (1)   A copy of the Water Quality Best Management Practices Plan for the development.
      (2)   A required schedule of maintenance for each of the BMPs selected for construction/utilization on the site.
      (3)   A listing of the person(s) responsible for performing the maintenance for each of the BMPs selected for construction/utilization on the site.
      (4)   Notice regarding the proper, EPA approved, removal and disposal of any and all hazardous wastes associated with the cleaning and maintenance of the BMPs on site.
      (5)   Notice of required submittal of inspection report from the owner/responsible party for the site to the Director of Engineering on the condition and performance of the BMPs on site.  The report shall be due on or before May 1st of each year following completion of the development of the site.  The report shall include inspection by a certified engineer or Certified Professional in Erosion and Sediment Control (CPESC) on all BMPs that do not have a high risk for loss of life, bodily injury or damage to structures or infrastruction related to the imminent failure as determined by the Director of Engineering.  In the case of BMPs which do have a potential loss of life, a written and stamped report covering the status of the BMP must be.prepared by a professional engineer or other individual possessing a valid state license that authorizes them to design the same type of BMP for construction.
      (6)   Following completion and approval of the Site Maintenance Plan, additional copies shall be provided to the following parties:
            2 copies to Westlake Engineering Department;
      1 copy to any person / party responsible for maintenance of any BMP on site; and
            1 copy to owner / manager of the site.
   (i)   The Post-Construction Assurance Agreements shall be submitted to the Westlake Engineering Department and approved prior to the acceptance of the development plat for the site.  The Post-Construction Assurance Agreements shall include at a minimum, the following information:
      (1)   The name(s) and addresses of the responsible parties for the long-term maintenance of the site.
      (2)   All easement agreements required by the Site Maintenance Plan including the recording of city access to all easements for emergency access.
      (3)   Signed agreements for all responsible parties acknowledging their requirements for the maintenance of the site BMPs required by the Site Maintenance Plan.
      (4)   Signed agreements for all responsible parties to acknowledge their requirements for the submittal of BMP inspection reports.
      (5)   Posting of bond(s) or other financial assurance providing for the long term maintenance of the BMPs on site to the satisfaction of the Director of Engineering.  (Ord. 2010-164.  Passed 12-2-10.)