(A) Purpose. This appendix provides assistance to applicants in meeting the maintenance requirements outlined in Chapter 153.
(B) Maintenance of municipal-owned stormwater practices. Municipalities may choose to meet the maintenance requirements outlined in Chapter 153 by incorporating a maintenance schedule and standard inspection checklist into a local water management plan. The maintenance section of the plan should include the following:
(1) Map or list of municipal-owned stormwater facilities;
(2) Inspection Schedule. Following initial vegetation establishment and documentation that the practice is functioning as designed, sites should be inspected every five years; and
(3) Standard inspection checklist.
(C) Sample documents. The following example documents are provided to assist applications in creating a maintenance plan that meets the requirements of Chapter 153.
(1) Sample maintenance agreement
(2) Example list of stormwater practice inspection activities.
Sample Maintenance Agreement
Responsible Party: Name
(Name, address, telephone and email) Address
City, State ZIP
Phone Number
Email Address
City, State ZIP
Phone Number
Email Address
Location (County): Carver
This agreement dated between (Responsible Party), and Carver County is entered into in order to maintain structural stormwater practices and/or wetland transition setbacks as outlined within this agreement.
This Agreement covers structural stormwater practices and/or wetland transition setbacks located on PID(s) # . The term of this Agreement shall be the life of the practices outlined below.
Recitals
A) Structural Stormwater Practice(s) covered by this agreement.
B) Legal description of wetland transition setbacks covered by this agreement.
C) Inspection frequency and responsible parties.
D) Items of interest that will be inspected and criteria for determination of pass or fail.
E) Corrective actions that will take place if items of interest fail inspection.
I. RESPONSIBLE PARTY RESPONSIBILITIES
A) Structural Stormwater Practice Responsibilities.
i. The Responsible Party is responsible for maintaining the practice(s) for the lifetime of the practice(s) to ensure that the conservation objective is/are met.
ii. The Responsible Party agrees to allow the Carver County Staff access to the project area for evaluation and monitoring of the practice(s).
iii. The Responsible Party is responsible for maintaining and restoring the practice(s). The Responsible Party shall secure all necessary permits for the practice(s).
iv. The Responsible Party will submit to Carver County Staff proof of failed inspections within 30 days and proof of repair within 60 days.
B) Wetland Transition Setback Responsibilities.
i. The Responsible Party agrees to establish native, noninvasive vegetation within the transition setback. Vegetation shall be considered established when approximately 80% or greater aerial coverage of native, noninvasive species is achieved.
ii. The Responsible Party agrees to take reasonable steps to control invasion by nonnative or invasive species.
II. CARVER COUNTY RESPONSIBILITIES
A) Carver County assumes no liability for injury or damage, other than that caused by its own negligence, in the project area. Carver County assumes no jurisdiction over the project area for purposes of controlling trespass, noxious weeds, granting rights-of-way, or other incidents of ownership.
B) Carver County Staff or Carver County Soil and Water Staff may monitor the practice(s) periodically to evaluate short- and long-term performance. Data collected as a result of this monitoring effort will be made available to both the Landowner and to the general public. Any items of concern that are failing during these visits will be reported to Landowner within seven days.
III. MISCELLANEOUS:
A) This Agreement will be canceled upon transfer of the property to another owner during this period. This Agreement may be amended by mutual consent of Carver County and the Responsible Party. Carver County shall have no obligation to restore the land to its original condition upon expiration or termination of this Agreement.
B) Nothing contained in this agreement is intended or shall be construed in any manner as creating or establishing a partnership, joint venture, or agency relationship between parties.
C) Except if arising from or out of Carver County Staffs fault or negligence, the Landowner agrees to indemnify and defend Carver County Staff, its successors, and assigns against and will hold harmless Carver County Staff, its successors, and assigns from any claims, expenses, or damages, including attorney's fees, arising from the Landowner performance of this agreement.
D) This agreement shall be binding upon and inure to the benefit of the Responsible Party and Carver County Staff, and their respective successors and assigns: provided, however, that neither party may assign this agreement without the prior written consent of the other. Any modification, alteration, amendments, deletions, or waivers of the provisions of this agreement will be valid only when mutually agreed upon in writing by both parties.
E) This agreement will be effective as of the date of all signatures required below have been provided. The date of the last signature will be the date of this agreement and will be inserted in the first paragraph on page 1.
Responsible Party Date
EXAMPLE LIST OF STORMWATER PRACTICE INSPECTION ACTIVITIES
VISUAL INSPECTION ACTIVITY | RECOMMENDED INSPECTION FREQUENCY | PASS | FAIL | CORRECTIVE ACTIONS |
1. Inspect for trash and debris at inlet, outlet, outlet structure, basin, and contributing drainage areas | Twice per year and following large storm events | No trash or debris present | Trash or debris present | Remove trash and debris from basin, inlet, outlet, outlet structure, and contributing drainage areas |
2. Inspect for erosion in basin, inlet and outlet | Twice per year and following large storm events | Slopes around basin, inlet and outlet are stable | Slopes around basin, inlet, and outlet show significant signs of erosion | Repair erosion |
3a. Measure depth of sediment in basin, inlet and outlet 3b. Calculate rate of accumulation and compare to expected design life of basin | Twice per year and following large storm events | Rate of accumulation less than expected | Rate of accumulation greater than expected | Remove sediment from inlet/outlet/basin |
4. Inspect vegetation | Twice per year and following large storm events | Vegetation well established Vegetation dominated by non- invasive species | More than 50% of vegetation dead/dying Vegetation dominated by invasive species | Reseed/replant Treat/remove invasive species |
5. Inspect inlet and outlet structural components (flared- end sections), including orifice and weir wall inside outlet structure, and clean-outs | As part of all inspection visits | Structural components in good working order | Structural components failing or starting to fail (weir wall seal failing, and the like) | Replace failing structural components with equal installed per manufacturer’s specifications |
6. Inspect filtration and infiltration features for standing water during growing season | 48 and/or 72 hours following storm events -Twice during first growing season after construction -Once per year for subsequent years | Filtration/infiltration feature draws down within 48 hours following storm event | Filtration/infiltration feature does not draw down within 48 hours following storm event | Dewater Clean out tile Install sand or rock chimney Replace filter media |
(Ord. 75-2012, passed 6-26-12)