(A) Post-construction requirement of permanent BMPs.
(1) Land development that meets the requirements of § 54.05 of this code must address stormwater runoff quality through the use of permanent BMPs. Permanent BMPs shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.
(2) Structural BMPs located on private property shall be owned and operated by the owner(s) of the property on which the STF is located, unless the city agrees in writing that a person or entity other than the owner shall own or operate said STF. As a condition of approval of the STF, the owner shall also agree to maintain the STF in perpetuity to its design capacity unless or until the city shall relieve the property owner of that responsibility in writing. The obligation to maintain the shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the city and shall be recorded with the city’s Engineering Department.
(B) Certification of permanent BMPs. Upon completion of a project, and before a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved final drainage plan. All applicants are required to submit “as built” plans for any permanent BMPs once final construction is completed and must be certified by a professional engineer licensed in the state. A final inspection by the city of all post-construction BMPs shall be required before a certificate of occupancy will be issued or any public infrastructure is accepted.
(C) Ongoing inspection and maintenance of permanent BMPs.
(1) The owner of site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement that shall be binding on all subsequent owners of the permanent BMPs.
(2) Permanent BMPs included in a final drainage plan which are subject to an inspection and maintenance agreement must undergo inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this chapter.
(D) Timeline for post-construction criteria implementation.
(1) Proposed redevelopment. (Applies to lands which have been platted and previously built upon.) Stormwater treatment facilities must be accounted for on any proposed redevelopment project if it has not already submitted a complete preliminary plat or building permit for approval. Proposed redevelopment projects that are exempt from treatment are those that have already submitted a complete plat, preliminary plat or building permit for approval. Any non-exempt projects must account for a seventieth percentile rain event.
(2) Proposed new development. (Applies to lands which are being platted for development or have been platted but have not previously been built upon.) Stormwater treatment facilities must be accounted for on any proposed new development project that has not already submitted a complete preliminary plat or building permit for approval. Proposed new development projects that are exempt from treatment are those that have already submitted a complete final plat, preliminary plat or building permit for approval. Any non-exempt projects must account for an eightieth percentile rain event.
(Prior Code, § 54.09) (Ord. 18-32, passed 9-4-2018)