The intent of this section is to provide for the maintenance and repair of the County's stormwater management system to its original design capability.
(a) Easements.
(1) All stormwater management system infrastructure hereafter created shall be located within an appropriate easement that is in accordance with the FSM. The deed for such easement shall set forth the long-term responsibility for and maintenance of permanent stormwater management facilities and shall be recorded in the local land records prior to VESMP Permit termination or earlier as required by the Administrator and shall at a minimum:
A. Be submitted to the Administrator for review and approval prior to the approval of the SWM Plan;
B. Be stated to run with the land;
C. Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
D. Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and
E. Be enforceable by all appropriate governmental parties.
(2) At the discretion of the Administrator, such an easement need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the Administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the Administrator.
(b) Post-Construction Inspection and Maintenance of Stormwater Management System Infrastructure.
(1) Except as stated in this subparagraph, stormwater management system infrastructure heretofore or hereafter constructed within appropriately dedicated stormwater easements outside of Virginia Department of Transportation maintained rights-of-way, Dulles International Airport property and rights-of-way, Dulles Greenway property and rights-of-way, and the Towns, shall be inspected and maintained by the County to its original design capability. The Administrator shall inspect such stormwater management system infrastructure at least once every five (5) years.
A. Notwithstanding, responsibility for the inspection, maintenance, repair, and replacement of stormwater management system infrastructure heretofore or hereafter constructed and associated with wet ponds/lakes that have uses in addition to stormwater management, and/or that have a State-regulated dam, and/or that a dam over which a Virginia Department of Transportation maintained right-of-way is located, as determined by the Administrator, shall remain with the property owner unless, on a case-by-case basis, the County, at its sole discretion, assumes certain inspection and maintenance responsibilities detailed in a stormwater maintenance agreement between the property owner and the County.
B. Notwithstanding, responsibility for maintenance, repair, and replacement of stormwater management system infrastructure associated with manufactured filtration devices and systems, previous pavement and pavers, underground detention facilities, or other structural or non-structural stormwater infrastructure not specifically listed in the definition of “Stormwater management system” in Section 1096.01(d); and constructed pursuant to construction plans, site plans, or preliminary subdivision plats depicting the proposed stormwater management system infrastructure and approved hereafter, shall remain with the property owner.
1. The responsibility for the inspection of said stormwater management system infrastructure shall remain with the property owner. On a case-by-case basis, the County, at its sole discretion, may assume certain inspection and/or maintenance responsibilities for such stormwater management system infrastructure in accordance with a stormwater maintenance agreement or Facilities Maintenance Performance Agreement between the property owner and the County.
2. Owner responsibility for manufactured filtration devices and systems shall be guaranteed by a Facilities Maintenance Performance Agreement executed by the property owner. To secure the performance of a Facilities Maintenance Performance Agreement, the property owner shall furnish to the governing body a financial guarantee in the form of a cash escrow, corporate surety bond, or a bank or savings institution's irrevocable letter of credit, which complies with the criteria for acceptable forms of surety or security as specified in the bonding policy set forth in Chapter 8 of the FSM, with surety satisfactory to the Administrator as to the surety, the amount, and the form, and in an amount sufficient for and conditioned upon the construction, repair, and maintenance of such stormwater management system infrastructure in accordance with this Chapter.
C. Notwithstanding, for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located for which the Administrator has determined that no easement is required pursuant to Section 1096.02(a)(2) above, responsibility for the inspection, maintenance, repair, and replacement of such stormwater management facilities shall remain with the property owner.
D. Where the responsibility for the inspection and maintenance of stormwater management system infrastructure under subsections (b)(1)A, B, and/or C above remains with the property owner, such stormwater management system infrastructure shall be maintained to its original design capability, and the property owner shall provide a maintenance plan acceptable to the County and proof of compliance by submitting to the County an inspection report at least once every five (5) years, prepared by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the Board, detailing the condition of such stormwater management system infrastructure and certifying its ability to meet its original design capability or allow the County to inspect such stormwater management system infrastructure. If any deficiencies are reported in the inspection report, or are found in the course of a County inspection, the property owner shall be deemed to be in violation of this Chapter and shall be subject to Section 1096.04 in addition to the obligations of the owner and the enforcement rights of the County provided in the Facilities Maintenance Performance Agreement and financial guarantee, or other stormwater maintenance agreement, referenced under subsection (b)(1)B above.
E. Nothing herein shall relieve any property owner or developer from the obligations of valid proffers or conditions of approval requiring the maintenance of stormwater management system infrastructure except to the extent that the County assumes maintenance thereof pursuant to this Chapter.
(2) Existing stormwater management system infrastructure constructed without a stormwater easement dedicated to Loudoun County shall be maintained to its original design capability by the property owner. The property owner shall provide proof of compliance by submitting to the County an inspection report at least once every five (5) years, prepared by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the Board, detailing the condition of such stormwater management system infrastructure and certifying its ability to meet its original design capability or allow the County to inspect such stormwater management system infrastructure. If any deficiencies are detailed in the inspection report, or are found in the course of a County inspection, the property owner shall be deemed to be in violation of this Chapter and subject to Section 1096.04.
(3) On a case-by-case basis the County, at its sole discretion, may, following a request from the property owner, assume inspection and maintenance responsibility for properties containing existing stormwater management system infrastructure constructed without a stormwater easement dedicated to Loudoun County, subject to the dedication of an easement for inspection and maintenance purposes acceptable to the County.
(c) Failure to Inspect or Maintain Private Stormwater Management System Infrastructure. Any property owner whose property includes stormwater management system infrastructure for which the County has not assumed inspection or maintenance responsibilities that fails to submit evidence of proper inspection or maintenance of said infrastructure as required above, or denies the County access to inspect said infrastructure, shall be considered in violation of this Chapter and subject to Section 1096.04.
(Ord. 24-06. Passed 5-15-24.)