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. The responsible parties must ensure that maintenance is completed in compliance with the SWPPP, maintenance agreements, Stormwater Management Design Manual, and this chapter.
(A) The Stormwater Administrator may, to the extent authorized by federal law, state law, and/or this chapter, establish inspection programs to verify that all stormwater management facilities and/or best management practices including those built after the adoption of this chapter, are functioning within the design limits.
(B) Subdivision stormwater facilities and/or BMPs must be located within dedicated common areas or easement.
(C) Stormwater easements and restrictions shall be provided by the landowner(s)/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 York 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 BMPs. 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 BMPs.
(E) All stormwater management facilities and/or BMPs 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 BMPs at all times.
(F) The responsible parties shall be designated in the SWPPP, the maintenance agreement, and final plat.
(G) For developments which establish a property owner’s association (POA) or home owner’s association (HOA) or other common owner entity, 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 Stormwater Administrator must be notified prior to any changes in status and personnel or contact information for record keeping and inventory purposes in accordance with its NPDES MS4 permit requirements.
(H) If the Stormwater Administrator determines that the stormwater management facilities and/or BMPs were specifically designed as part of a LCP to receive stormwater runoff from properties other than just the parcel the feature is located on, then the county may determine that each parcel located within the LCP served by the stormwater management facilities, and/or BMPs constitutes a responsible party. 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 shall inspect the stormwater management facilities and/or BMPs 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 BMPs 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 BMPs to fail to maintain the facilities and/or BMPs 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 BMPs, 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 BMPs, or within a drainage easement that transport stormwater to the stormwater management facilities and/or BMPs which would limit or alter the functioning of the stormwater management facilities and/or BMPs without the written approval of the county.
(N) The responsible parties may landscape the stormwater management facilities, BMPs and other areas if the landscaping is designed, installed and maintained as prescribed in the Stormwater Management Design Manual. The responsible parties shall take reasonable care to ensure that the stormwater management facilities and/or BMPs 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 BMPs.
(O) 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 Stormwater Administrator.
(Ord. 2819, passed 6-17-19)