(a) Proceeding with Activity. Soil-disturbing activities regulated under this chapter shall not begin until all necessary City, State and Federal permits and appropriate approvals of SDP and/or SMP have been granted to the site owner/developer.
(b) Performance Responsibility. The applicant is responsible for carrying out all provisions of the approved SDP and/or SMP and for meeting all the standards and requirements of this chapter.
(c) Enforcement.
(1) All development sites are subject to inspections by the City and/or its authorized agent(s) to ensure compliance with the approved SDP and/or SMP;
(2) After each inspection a status report shall be prepared and placed on file at the City offices or with its authorized agent(s);
(3) If it is found that the operations are being conducted in violation of the approved SDP and SMP, a stop-work order may be issued until the identified violations cease and are corrected. If the applicant ceases all work and vacates the site, the entire site shall be stabilized and inspected by the City and/or its authorized agent(s) to determine that adequate stabilization is achieved;
(4) After the issuance of a stop-work order provided for in subsection (c) above, but before the imposition of any fines, the applicant shall have the opportunity to request a meeting with the City and/or its authorized agent(s) to show cause why work should not be stopped. A meeting shall be scheduled at the time that a request for such a meeting is made to the City; and
(5) Following the issuance of a stop-work order, the City and/or authorized agent(s) shall determine if and when the development may proceed. Any determination by the authorized agent(s) pursuant to this section is a final order for purposes of judicial review.
(d) Internal Inspections.
(1) For sites under construction, all controls on the site shall be inspected at least once every seven calendar days and within twenty-four hours after any storm event greater than three-quarters of an inch (0.75") of rain per twenty-four hour period. The site owner and/or applicant shall assign certified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all stormwater control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
(2) As a post construction measure, the site owner/developer shall maintain for three years following the final stabilization of the site and final inspection conducted by a City official or its authorized agent(s), a record summarizing inspections, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site is in compliance with the SMP and identify any incidents of non-compliance . A copy of these records shall be provided to the City on a quarterly basis.
(3) If the City deems, via inspections, that all storm water control practices are not functional, the site owner/developer may be required to install additional erosion and runoff controls, assign other inspection personnel and/or cease all other work until the City accepts the storm water control practices.
(e) Ownership and Maintenance of Stormwater Management Facilities.
(1) In cases where stormwater management facilities are proposed on single private properties, the City's authorized agent(s) shall approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners and tenants of land served by the stormwater management facilities.
(2) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners and tenants of land served by the storm water facilities.
(3) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all stormwater management facilities and practices including mowing, landscaping, debris pickup, and to ensure all inlet and outlet structures are free of obstructions and in good repair:
1. During construction, this includes, but is not limited to, the developer, the builder and the contractor; and
2. After construction, this includes, but is not limited to an individual property owner, a tenant, a home owner association, a condo association, etc. Unless otherwise approved by the City, there shall be an entity of common ownership (e.g. land/homeowner's association) within a proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the land/homeowners association, until dissolved, at which time the individual property owners shall be held responsible for the ownership and maintenance of stormwater management facilities.
B. Allow approved authorized alterations of all storm water management facilities provided that such alterations are designed by a professional engineer and are submitted to the City and/or its authorized agent(s) for review and approval.
C. Provide adequate access to all stormwater management facilities for inspection by the City's authorized agent(s) and corrective actions by the owner.
(4) All stormwater management facility easements shall be on the final plat, prior to approval by the City, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(5) The owner/developer shall submit five sets of as-built drawings of all stormwater management facilities and improvements to the City.
(f) The following conditions shall apply to all drainage easements:
(1) Easements shall be approved by the City and/or its authorized agent(s) prior to approval of the final plat and shall be recorded with said plat;
(2) Unless otherwise required by the authorized agent(s) drainage easements shall have a width no less than the following:
A. A storm sewer easement minimum width shall be twelve feet or as determined by the total of the outside diameter of the pipe, plus three feet, plus one foot of width for every one foot of depth over the top of the pipe;
B. A conveyance channel easement minimum width shall be determined by the total top width of the channel plus five feet on each side of the channel;
C. A detention, retention and/or infiltration basin easement minimum width shall be determined by the total top width of the structure, plus the width of any section of berm constructed in fill, plus ten feet on each side of the structure; and
D. Where an underground type of detention, retention and/or infiltration system is used, the easement minimum width shall be determined by the total of the outside to outside width of the structure, plus three feet, plus one foot of width for every one foot of depth from the bottom of the structure;
(3) Unless otherwise required by the authorized agent(s), stormwater management facilities, including basins, ponds or other retention/detention/ infiltration practices, shall be on separate lots held and maintained by an entity of common ownership (land/homeowners association) or on individually owned private property; and
(4) Those lots that contain and/or are crossed by a drainage easement shall have the following restriction:
"Any lot area reserved for drainage purposes, shall at all times be kept free of any obstructions to the flow of water. No improvements, structures or modifications within the identified drainage easement area will be allowed without the approval of the City of Carlisle's Engineer. Maintenance of the drainage easement area; storm water management control facility(ies), and drainage areas shall be the responsibility of the individual owner(s) of the lot or Land/Homeowners Association, whichever is applicable, on which these facilities and/or drainage areas are located."
(Ord. 30-08. Passed 11-11-08.)