Stormwater management facilities and Best Management Practices, included in a C-SWPPP or older site development plan, must undergo ongoing inspections by the Responsible Parties, to document maintenance and repair needs and the Responsible Parties must ensure that maintenance is completed in compliance with the SWPPP, any Maintenance Agreements, The Stormwater Management Design Manual, and this article.
(a) The Director may, to the extent authorized by federal law, state law, and/or this article, establish inspection programs to verify that all stormwater management facilities and/or Best Management Practices including those built after the adoption of this article, are functioning within the design limits.
(b) Subdivision stormwater facilities and/or Best Management Practices must be located within dedicated common areas or easement.
(c) Stormwater easements and restrictions shall be provided by the landowners/person responsible for land disturbance activities to ensure access for inspection and maintenance. Easements and the Maintenance Agreements must be recorded prior to the issuance of the land disturbance permit. The restrictive covenants must be recorded prior to approval of the final plat. The maintenance agreement shall be recorded in the office of the Greenville County Register of Deeds and the maintenance agreement shall constitute a covenant running with the land, and shall be binding upon the Responsible Parties, heirs, administrators, executors, assigns and any other successors in interest.
(d) The landowner(s)/person responsible for land disturbance activities shall record a plat showing and accurately defining the easements for stormwater management facilities and/or Best Management Practices. The plat must reference the Instrument Number where this agreement and its or attachments are recorded and contain a note that the Responsible Parties, are responsible for maintaining the stormwater management facilities and/or Best Management Practices.
(e) All stormwater management facilities and/or Best Management Practices shall be maintained to the measures outlined in the SWPPP, the Stormwater Management Design Manual and/or as approved in the land disturbance permit by the Responsible Parties, to ensure the proper operation and application of the facilities, and/or Best Management Practices at all times.
(f) The responsible parties responsible for maintenance of the stormwater management facilities and/or Best Management Practices approved as part of a SWPPP proposed for a development under the current ordinance requirements shall be designated in the SWPPP, the Maintenance Agreement, and final plat.
(g) For developments which establish a property owner’s association (POA) or HOA provisions for long term maintenance of site stormwater facilities and/or BMPs, as outlined in the SWPPP must be defined in the Maintenance Agreement. The provisions of this agreement must also identify a source of funding to support future required maintenance and upkeep activities, and an entity responsible for general upkeep, maintenance and repair. The Director must be notified prior to any changes in status and personnel or contact information for recordkeeping and inventory purposes in accordance with its NPDES MS4 permit requirements.
(h) If the Director determines that the stormwater management facilities and/or Best Management Practices were specifically designed, as part of a lager common plan of development per any applicable approved stormwater plans, calculations, narratives, final plats, restrictive covenants, and/or Maintenance Agreement to receive stormwater runoff from properties other than just the parcel the feature is located on, then the County may determine that each parcel designed to drain to the stormwater management facilities, and/or Best Management Practices constitutes a Responsible Party; therefore, be held liable for a percentage of the required maintenance and/or repair. The County may issue a Notice of Violation and/or impose a percentage of the maintenance and repair costs to each responsible party.
(i) The responsible parties responsible for maintenance and repair of the stormwater management facilities and/or Best Management Practice shall inspect them at the frequencies listed in the maintenance agreement, SWPPP, or the Stormwater Management Design Manual (whichever applies) and perform any necessary maintenance including routine and non-routine activities.
(j) It shall be unlawful to alter or remove any permanent stormwater management facilities and/or Best Management Practices required by an approved SWPPP or stormwater plan, or to allow property to remain in a condition that does not conform to the approved SWPPP or as outlined the Stormwater Management Design Manual.
(k) It shall be unlawful for any responsible parties responsible for maintenance and repair of stormwater management facilities and/or Best Management Practices to fail to maintain the facilities and/or Best Management Practices as required by the approved SWPPP, Maintenance Agreement, or stormwater plan.
(l) No person shall modify, remove, fill, or alter any existing stormwater management facilities and/or Best Management Practices, areas or structures unless it is part of the approved maintenance program, Maintenance Agreement, or modified SWPPP without the written approval of the County.
(m) No person shall place any structure, equipment, fill, landscaping or vegetation into stormwater management facilities and/or Best Management Practices, or within a drainage easement that transport stormwater to the stormwater management facilities and/or Best Management Practices which would limit or alter the functioning of the stormwater management facilities and/or Best Management Practices without the written approval of the County.
(n) The responsible parties responsible for maintenance may landscape the stormwater management facilities, Best Management Practices and/or areas if the landscaping is designed, installed and maintained as prescribed in the Stormwater Management Design Manual.
(o) The responsible parties responsible for maintenance shall take reasonable care to ensure that the stormwater management facilities and/or Best Management Practices do not contain conditions that are unsafe or that adversely affect water quality including, but not limited to, leaving tools or equipment or misusing pesticides and/or herbicides in the stormwater management facilities and/or Best Management Practices.
(p) On property where a stormwater management facilities and/or Best Management Practices are located fully or partially underground, the responsible parties and/or manager of the property shall be responsible for causing an inspection of the facility or device to be performed annually and shall submit an annual inspection report to the County by January 31 of each year for the prior calendar year.
(q) The County must be notified in writing of any changes in maintenance responsibility for the stormwater management facilities and/or Best Management Practices. In order to transfer maintenance responsibilities a letter of acceptance by the entity accepting permanent maintenance responsibilities shall be filed with the Director.
(Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)