(A) Maintenance/stormwater easement. The applicant or owner of the site shall execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by city, or their contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this subchapter and to, if necessary, implement emergency repairs to protect the health, safety and welfare of the public. The easement dimensions shall be as directed by Public Works and the easement agreement shall be recorded in the office of the County Clerk, with a copy provided to city.
(B) Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this subchapter shall ensure they are operated and maintained to achieve the goals of this subchapter. Proper operation and maintenance also includes a preventive/corrective maintenance program and written procedures for operation and maintenance and training new maintenance personnel.
(C) Maintenance agreements. The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be ensured through the creation of a formal and enforceable maintenance agreement that must be approved by Public Works Department and recorded in the office of the County Clerk as a deed restriction on the property prior to final SWPPP approval. This agreement will include any and all maintenance/stormwater easements required to access and inspect the stormwater management practices, and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice. In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all stormwater treatment practices and include plans for periodic inspections by the owners, or their designated agent, to ensure proper performance of the facility.
(D) Requirements of maintenance agreements. All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs to ensure compliance with the requirements of this subchapter and accomplishment of its purposes. These needs may include: removal of silt, litter and other debris from all catch basins, inlets and drainage pipes; grass cutting and vegetation removal; and necessary replacement of landscape vegetation. Any maintenance needs found must be repaired and restored as soon as possible. Public Works Department shall be notified after repair work has been completed to perform a follow-up inspection. The inspection and maintenance requirement may be increased by Public Works Department as deemed necessary to ensure proper functioning of the stormwater management facility. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to Public Works Department.
(Ord. 64-2010, passed 6-24-10)