1. Maintenance Easement Agreement. Prior to the issuance of any permit that has a stormwater management facility or BMP as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility or BMP at reasonable times for periodic inspection by the City, or its contractor or agent, to ensure that the facility or BMP is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement agreement shall be recorded by the City in the land records.
2. Formal Maintenance Covenant. Maintenance of all stormwater management facilities or BMP shall be ensured through the creation of a formal maintenance covenant that must be approved by the City and recorded into the land record at the time of final plat or site plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility or BMP.
The covenant shall identify the parts or components of the stormwater management facility or BMP and include information related to the equipment and skills needed to maintain the stormwater management facilities or BMPs. The covenant shall also include plans for periodic inspections by the applicant, owner, or assigns to ensure proper performance of the facility or BMP.
3. The City, in lieu of a maintenance covenant, may at its discretion, but not obligated, accept dedication of any existing or future stormwater BMP to include City responsibility for maintenance and repair, provided that: the maintenance and repair of such element will not impose an undue burden on other City taxpayers, the BMP meets all the requirements of this chapter; and the dedication includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. By mutual agreement of the City and the party responsible for maintenance for a stormwater management facility or BMP (developer, builder, HOA), the City may receive an annual payment to cover the costs of maintenance and assume maintenance responsibilities. Said payment will be calculated to cover the expected costs of maintenance.
4. Requirements for Maintenance Covenants. All stormwater management facilities and BMPs must undergo, at the minimum, an annual inspection by the responsible party to document maintenance and repair needs and ensure compliance with the requirements of this chapter. Any required maintenance identified by inspection must be corrected by the responsible party under a written maintenance agreement within 30 days. The inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facilities and BMPs. In the event the identified maintenance or repair cannot be completed within 30 days of notice, the responsible party must contact the City with 30 days’ notice to explain why repair or maintenance cannot be completed within 30 days and provide a plan for completing repair or maintenance.
5. Inspection of Stormwater Management Facilities and BMPs. 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 State or federal water or sediment quality standards or the NPDES 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 stormwater BMPs, and evaluating the condition of stormwater management facilities and BMPs.
6. As-Built Drawings. At the time of final plat an as-built drawing shall be provided to the City for all stormwater management facilities and BMPs. At such time as a developer transfers control of stormwater management facilities and BMPs to an HOA, the City or other responsible party, the developer shall provide notice to the City and the City shall have the right to confirm stormwater management facilities and BMPs match the as-built drawing provided at final plat prior to transfer. An agreement to complete with a maintenance bond or letter of credit shall be provided to the City for any required work to the stormwater management facilities or BMP’s necessary to meet the as-designed standards of those stormwater management facilities or BMP’s prior to transfer of ownership or responsibility. After completion of any required work, the maintenance bond or letter of credit shall be released.
7. Right of Entry; Inspection. The City shall be permitted to enter and inspect any property subject to regulation under this section as often as is necessary to document maintenance and repair needs and determine compliance with the requirements of this chapter. If a responsible party owning, controlling, or possessing a property has security measures that require identification and clearance before entry to its property, such responsible party shall make the necessary arrangements to allow access by the City. By way of specification, but not limitation:
A. A responsible party shall allow the City ready access to all parts of the property for purposes of inspection, examination, and copying of records related to compliance with this chapter.
B. Any temporary or permanent obstruction that obstructs the safe and easy access to property to be inspected shall be promptly removed by the responsible party at the written or oral order of the City and shall not be replaced. The costs of clearing such access shall be borne by the responsible party.
C. An unreasonable delay in allowing the City access to a property is a violation of this chapter.
8. Records of Installation, Maintenance, and Repairs. Parties responsible for the operation and maintenance of a stormwater management facility or BMP shall make records of the installation and of all maintenance and repairs, and shall retain said records. Copies of the as-built plans and records of all self-inspections, maintenance, and repairs shall be kept on site and shall be made available to the City during inspection of the facility or BMP and at other reasonable times upon request.
9. Failure to Maintain Stormwater Management Facilities and BMPs. If a responsible party fails or refuses to meet the requirements of the maintenance covenant or any provision of this chapter, the City, after reasonable notice, may correct a violation by performing all necessary work to place the stormwater management facility or BMP in proper working condition. In the event that the stormwater management facility or BMP becomes a danger to public safety or public health, the City shall notify the party responsible for maintenance of the stormwater management facility or BMP in writing. Upon receipt of that notice, the responsible person shall have 30 days to effect maintenance and repair of the stormwater management facility or BMP in an approved manner. After proper notice, the City may assess, jointly and severally, the owners of the stormwater management facility or BMP or the property owners or the parties responsible for maintenance under any applicable written agreement for the cost of repair work and any penalties. The cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes.