(A) Performance requirements. For any real estate governed by the terms and provisions of this subchapter, the owner or operator of the real estate shall comply with the following requirements:
(1) Implementation of all terms and provisions of the post construction storm water pollution prevention plan;
(2) Operation, maintenance and repair of any and all storm water quality measures and practices identified in the construction plan that were intended to remain in place after construction activities have been completed;
(3) Installation, operation, maintenance and repair of each post construction storm water quality measure and practice approved as part of the construction plan or the post construction storm water pollution prevention plan;
(4) Inspection no less frequently than annually of all storm water management facilities to document maintenance and repair needs and ensure compliance with the requirements of this subchapter and the accomplishment of its purposes. These needs include removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner;
(5) Implementation of all terms and provisions of the landscaping plan; and
(6) Implementation of all terms and provisions of the erosion and sediment control plan for all construction activities related to implementing any on-site storm water management facilities, measures and practices.
(B) Documentation requirements. For any real estate governed by the terms and provisions of this subchapter, the owner or operator of the real estate shall comply with the following requirements:
(1) Provision to the Department of a narrative description of the maintenance guidelines for all post construction storm water quality measures to facilitate their proper long-term function and identify the entity or entities responsible for long-term maintenance. It is an obligation of the project owners and their successors in interest to provide these narrative descriptions to future parties who acquire an interest in any portion of the real estate or who assume responsibility for the operation and maintenance of the post construction storm water quality measures;
(2) Execution of an enforceable maintenance agreement that designates the parties responsible for the operation, maintenance and repair of all storm water management facilities and all storm water quality measures and practices as required by this subchapter. As a part of the agreement, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The agreement shall also include plans for periodic inspections to ensure proper performance between scheduled cleanouts. The agreement shall include provisions for funding all required maintenance. All maintenance agreements shall be subject to the approval of the Department and recorded with the County Recorder;
(3) Parties who are responsible for installation, operation, maintenance and repair of storm water management facilities shall make and maintain records for all installation, maintenance and repairs made to all systems, structures and measures. These records must be maintained for at least five years and made available to the Department at all reasonable times;
(4) The execution of provisions of a drainage easement for access and maintenance purposes in favor of the county which is recorded and binding on all subsequent owners of the real estate burdened by the easement and those served by on-site storm water management facilities and measures;
(5) The design and planning of all storm water management facilities shall include detailed maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a storm water management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan;
(6) Establishment of a landscaping plan which provides for the maintenance of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved; and
(7) The establishment of an erosion and sediment control plan for all construction activities related to implementing any on-site storm water management facilities, measures and practices.
(Prior Code, § 36-9-28.5-3) (Ord. 06-284, passed 6-5-2006, 2006 COM REC 284–292)