1199.03  MAINTENANCE.
   (a)   All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to ensure continued performance of their intended function. The person or entity responsible for the continued physical and financial maintenance of permanent erosion control practices shall be identified to the satisfaction of the Director.
   (b)   If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the permittee must replace or modify the control for the site conditions.
   (c)   Inspection and Maintenance Plan: The post construction operations and maintenance plan must be a stand alone document which contains the following:
      (1)   A designated entity for Storm Water inspection and maintenance responsibilities.
      (2)   The routine and non-routine maintenance tasks to be undertaken.
      (3)   A schedule for inspections and maintenance.
      (4)   Any necessary legally binding maintenance easement and agreements.
      (5)   A map showing all access and maintenance easements.
   (d)   Inspection and Maintenance Agreement: The Inspection and Maintenance Agreement required for BMPs/SCMs under this regulation as a stand-alone document between the City of Kent and the applicant.  A copy of this agreement should be attached to the property deed.  The agreement shall contain the following information and provisions:
      (1)   Identification of the landowner(s), organization, or municipality responsible for long term inspection and maintenance, including repairs, of the BMPs/SCMs.
      (2)   The landowner(s), organization, or municipality shall maintain BMPs/SCMs in accordance with this regulation.
      (3)   The City of Kent has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the BMPs/SCMs are being maintained and operated in accordance with this regulation.
      (4)   The City of Kent shall maintain public records of the results of site inspections, shall inform landowner(s), organization, or municipality responsible for maintained of the inspection results, and shall specifically indicate in writing any corrective actions required to bring the BMPs/SCMs into proper working condition.
      (5)   If the City notifies the landowner(s), organization, or municipality responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within reasonable time as determined by the City of Kent.
      (6)   The City of Kent is authorized to enter upon the property and perform corrective actions identified in the inspection report if the landowner(s), organization, or municipality responsible for the maintenance does not make the required corrections in the specified time period.  The City of Kent shall be reimbursed by the landowner(s), organization, or municipality responsible for the maintenance for all expenses incurred within 10 days of receipt of invoice from the City of Kent, or more with written approval from the City of Kent Service Director.
      (7)   The method of funding long-term maintenance and inspections of all BMPs/SCMs.
      (8)   A release of the City of Kent from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the City of Kent from the construction, presence, existence or maintenance of the BMPs/SCMs.
   (e)   Inspection and Maintenance Plan.  This plan will be developed by the applicant and reviewed by the City of Kent.  Once the Inspection and Maintenance Plan is approved, a recorded copy of the Plan must be submitted to the City of Kent as part of the final inspection approval.  The plan will include at a minimum:
      (1)   The location of each BMP/SCM and identification of the drainage area served by each BMP/SCM
      (2)   Photographs of each BMP/SCM, including all inlets and outlets upon completion of construction
      (3)   Schedule of inspection
      (4)   A schedule for regular maintenance for each aspect of the storm water management system and description of routine and non-routine maintenance tasks to ensure continued performance of the system as is detailed in the approved Comprehensive Storm Water Management Plan.  A maintenance inspection checklist written so the average person can understand it shall be incorporated.  The maintenance plan will include a detailed drawing of each BMP/SCM and outlet structures with the parts of the outlet structure labeled.  This schedule may include additional standards as required by the City of Kent City Engineer, to ensure continued performance of BMPs/SCMs permitted to be located, or within 50 feet of, water resources.
      (5)   The location and documentation of all access and maintenance easements on the property. 
   Alteration or termination of these stipulations is prohibited without written consent from the City. 
(Ord. 2017-17.  Passed 3-15-17.)