(A) General. Individual property owners, whether residential or commercial, shall be responsible for the general and overall maintenance of the drainage easements and the street right-of-way ditch. Such maintenance includes mowing, keeping the drainway free of leaves and debris, and following the guidelines within this chapter. Property owners shall install and maintain their permitted entrance pipe. The pipe shall be kept free of debris, and excess sediment that builds up over time, which constricts the flow of the street runoff. No one shall "fill-in" the right-of-way ditch or any drainage way without first obtaining an land disturbance permit. All proposed piping of ditches shall be appropriately sized and may be required to have a catch basin to allow for intake of surface water. The property owner shall ensure that adequate vegetation remains in the drainway and provide a hardened surface where applicable to prevent erosion.
(B) Stormwater maintenance agreement. A stormwater maintenance agreement, approved by the City Civil Engineer, assuring perpetual maintenance of storm water management improvements, including post-construction BMPs, shall be executed by the applicants to the City of Bardstown. The agreement shall be recorded among the deed records in the Nelson County Clerk’s office upon final plan approval. The agreement shall be a covenant running with the land and shall be binding on the landowner, its administrators, executers, heirs, assigns and any other successors of interest, including any homeowners association. A copy of an appropriate maintenance agreement can be obtained from the City Engineering Department.
(1) Operation and maintenance of all stormwater quality and quantity devices, BMPs, and drainage ways shall be the responsibility of the property owner. Operation and maintenance shall be required sufficient to maintain proper function and water quality at the discharge point.
(2) (a) Routine inspections are the responsibility of property owner to ensure the stormwater facilities/BMPs are operating and functioning as designed and that required maintenance activities have occurred. The property owner must submit an inspection report annually to the city. The report shall include any action taken, who took it, when the action was done, how it was done, and any problems encountered or follow-up actions recommended. Maintenance problems shall be inspected monthly or more frequently as necessary to assure safe and proper functioning of the facilities.
(b) Example post-construction stormwater facility/BMP maintenance inspection checklists are available at the Office of the City Civil Engineer.
(3) The city and its agents shall have the right of entry to inspect, observe, test or perform any other related activity to the operation, maintenance, and function of the stormwater infrastructure. The city has the right to perform inspections and emergency maintenance on the facilities; however, it is not the city’s obligation to maintain the stormwater quality/quantity facility.
(Ord. 432, passed 5-16-90; Am. Ord. B2006-8, passed 5-23-06; Am. Ord. B2011-19, passed 9-27-11)