(A) On-site stormwater management facilities inspection and maintenance agreement.
(1) Where the stormwater facility is located on property that is subject to a development agreement, and the development agreement provides for a permanent stormwater maintenance agreement that runs with the land, the owners of property must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owners and all subsequent property owners and their lessees and assigns, including but not limited to, homeowner associations or other groups or entities.
(2) The maintenance agreement shall:
(a) Assign responsibility for the maintenance and repair of the stormwater facility to the owners of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
(b) Provide for a periodic inspection by the property owners in accordance with the requirements of division (E) below for the purpose of documenting maintenance and repair needs and to ensure compliance with the requirements of this chapter. The property owners will arrange for this inspection to be conducted by individual(s) approved by the city who will submit a signed written report of the inspection to the city. It shall also grant permission to the city to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.
(3) Provide that the minimum maintenance and repair needs include but are not limited to: the removal of silt, litter and other debris, the cutting of grass, cutting and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other stormwater facilities. It shall also provide that the property owners shall be responsible for additional maintenance and repair needed to meet the intended design specification of the stormwater facility.
(4) Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the city.
(5) Provide that if the property is not maintained or repaired within the prescribed schedule, the city shall perform the maintenance and repair at its expense and bill the same to the property owner. The maintenance agreement shall also provide that the city's cost of performing the maintenance shall be a lien against the property.
(B) Existing problem locations - no maintenance agreement.
(1) The city shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problems affecting or caused by such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance. Discharges from existing SCM's that have not been maintained and/or inspected in accordance with this chapter shall be regarded as non-compliant discharges.
(2) Inspection of existing facilities. The city may, to the extent authorized by state and federal law, enter and inspect private property for the purpose of determining if there are illicit non-stormwater discharges, and to establish inspection programs to verify that all stormwater management facilities are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the city's NPDES MS4 stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other SCM's.
(C) Owner/operator inspections. The owners and/or operators of the SCMs shall:
(1) Perform routine inspections to ensure that all SCM's are properly functioning. These inspections shall be conducted on an annual basis, at a minimum. These inspections shall be conducted by a person familiar with control measures implemented at a site. Owners or operators shall maintain documentation of these inspections. The city may require submittal of this documentation.
(2) Perform comprehensive inspection of all stormwater management facilities and practices. These inspections shall be conducted once every five years, at a minimum. Such inspections must be conducted by individual(s) approved by the city. Complete inspection reports for these five-year inspections shall include:
(a) Facility type;
(b) Inspection date;
(c) Latitude and longitude and nearest street address;
(d) BMP owner information (e.g. name, address, phone number, fax, and email);
(e) A description of BMP condition including: vegetation and soils; inlet and outlet channels and structures; embankments, slopes, and safety benches; spillways, weirs, and other control structures; and any sediment and debris accumulation;
(f) Photographic documentation of BMP's; and
(g) Specific maintenance items or violations that need to be corrected by the BMP owner along with deadlines and reinspection dates.
(3) Owners or operators shall maintain documentation of these inspections. The city may require submittal of this documentation.
(D) Requirements for all existing locations and ongoing developments. The following requirements shall apply to all locations and developments at which land disturbing activities have occurred previous to the enactment of this chapter:
(1) Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP Manual and on a schedule acceptable to the city.
(2) Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed.
(3) Drainage ways shall be appropriately stabilized.
(4) Trash, junk, rubbish, etc. shall be cleared from drainage ways.
(5) Stormwater runoff shall, at the discretion of the city be treated to the maximum extent practicable to prevent its pollution. Such control measures may include, but are not limited to, the following:
(a) Ponds:
1. Detention pond;
2. Extended detention pond;
3. Wet pond; and
4. Alternative storage measures.
(b) Constructed wetlands:
(c) Infiltration systems:
1. Infiltration/percolation trench;
2. Infiltration basin;
3. Drainage/recharge well; and
4. Porous pavement.
(d) Filtering systems:
1. Catch basin inserts/media filler;
2. Sand filter;
3. Filter/absorption bed; and
4. Filter and buffer strips.
(e) Open channel:
1. Swale.
(E) Corrections of problems subject to appeal. Corrective measures imposed by the city under this section are subject to appeal under § 14-810.
(Ord. 7122, passed 8-13-2024)