§ 10.16.04. Maintenance, construction and inspection.
A.
Public and private maintenance responsibilities under the stormwater management system.
1.
Owner inspections and maintenance. The owner shall be responsible for inspections and maintenance on the site.
a.
Inspections and maintenance must be documented and readily available for review. Inspections are required as follows:
(1)
Once every seven days on exposed soil areas.
(2)
Within twenty-four (24) hours after a one-half-inch rain.
(3)
Once every thirty (30) days on stabilized areas.
(4)
As soon as runoff occurs or prior to resuming construction on frozen ground.
b.
Maintenance is required as follows:
(1)
When sediment reaches one-half the height of the BMP on perimeter control devices, sediment must be removed within forty-eight (48) hours.
(2)
If the perimeter control device is not functional, it must be repaired or replaced within forty-eight (48) hours.
(3)
Temporary sediment basins shall be maintained when sediment reaches ½ the outlet height of ½ the basin storage volume. Basin must be drained or sediment removed within forty-eight (48) hours.
(4)
Construction site vehicle entrance and exit locations sediment must be removed from paved surfaces within twenty-four (24) hours of discovery.
(5)
Immediate maintenance may be required by the administrative authority if the conditions of the site are a public hazard or has the potential to cause environmental damage or pollution.
2.
City responsibilities.
a.
Administration of these regulations shall be by the administrative authority, who shall review to determine approval, disapproval or modification of stormwater management plans as provided herein.
b.
All areas and/or structures to be dedicated to the city must be dedicated by plat or separate instrument and accepted by a formal letter from the mayor, pursuant to resolution duly-adopted by the city council.
c.
The administrative authority shall be responsible after written approval and acceptance for the operation and maintenance of all drainage structures and improved courses which are part of the stormwater runoff management system under public ownership and which are not constructed and maintained by or under the jurisdiction of any state or federal agency.
3.
Private responsibilities.
a.
Each developer of land within the corporate limits of the city has a responsibility to provide on the developer's property all approved stormwater runoff management facilities to ensure the adequate drainage and control of stormwater on the developer's property both during and after construction of such facilities.
b.
Each developer, owner or property owners association has a responsibility and duty before and after construction to properly operate and maintain any on-site stormwater runoff control facility which has not been accepted for maintenance by the city. Such responsibility is to be transmitted to subsequent owners through appropriate covenants.
c.
All private systems not dedicated to the city shall have adequate easement to permit the administrative authority to inspect and, if necessary, to take any corrective action permitted by law should the responsible entity fail to properly maintain the system.
d.
All private stormwater facilities shall be maintained in proper condition consistent with the performance standards for which they were originally designed.
e.
All private systems must be designed to discharge at per-developed rates unless approved by the administrative authority. New stormwater drainage systems cannot tie into existing systems of lesser capacity. In other words, a larger pipe cannot discharge into a smaller pipe of lesser capacity. See section 10.16.03.B. for detention plan requirements.
4.
Maintenance agreement (privately-owned facilities only).
a.
A proposed inspection and maintenance agreement shall be submitted to the Administrative Authority for all private on-site stormwater discharge control facilities prior to the approval of the stormwater management plan. Such agreement shall be in a form and content acceptable to the administrative authority and complying with it shall be the responsibility of the private owner. Such agreement shall provide for access to the facility by virtue of a non-exclusive perpetual easement in favor of the city at reasonable times for regular inspection by the administrative authority. This agreement will identify who will have the maintenance responsibility. Possible arrangements for this maintenance responsibility might include the following:
(1)
Use of homeowner associations;
(2)
Arrangements to pay the city for maintenance;
(3)
Private maintenance by development owner(s), or contracts with private maintenance companies.
b.
All maintenance agreements shall contain or uphold, without limitation, the following provisions:
(1)
A description of the property on which the stormwater management facility is located and all easements from the site to the facility;
(2)
Size and configuration of the facility;
(3)
A statement that properties which will be served by the facility are granted rights to construct, use, reconstruct, repair and maintain access to the facility;
(4)
A statement that each lot served by the facility is responsible for repairs and maintenance of the facility and any unpaid ad valorem taxes, public assessments for improvements, and unsafe building and public nuisance abatement liens charged against the facility, including all interest charges together with attorney fees, costs and expenses of collection. If an association is delegated these responsibilities, then membership into the association shall be mandatory for each parcel served by the facility and any successive buyer. The association shall have the power to levy assessments for these obligations, and that all unpaid assessments levied by the association shall become a lien on the individual parcel;
(5)
All stormwater facilities must be designed to minimize the need for maintenance, to provide easy vehicle and personnel access for maintenance purposes, and be structurally sound. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the facilities for inspection or maintenance;
(6)
All settled materials from ponds, sumps, grit chambers and other devices, including settled solids, shall be removed and properly disposed of as needed to insure the proper functioning of the stormwater facility as per its design capacity.
B.
Inspection authority. Inspections will be performed by the administrative authority on a regular basis during construction to ensure that the stormwater management plan measures are properly installed and maintained. The administrative authority shall inspect all stormwater facilities during the first year of operation, and at least once every five years thereafter. In all cases the inspectors will attempt to work with the applicant or developer to maintain proper stormwater management.
C.
Bonds, maintenance assurances and final approval.
1.
A maintenance agreement approved by the administrative authority assuring perpetual maintenance of stormwater management improvements shall be agreed upon by the administrative authority and the applicant.
2.
Maintenance of detention ponds (wet type) shall be the responsibility of the owner of record and/or the property owners' association.
3.
Maintenance of detention basins (dry type) shall be the responsibility of the owner of record and/or property owners' association. The owner of record and/or property owners' association shall be responsible for all other maintenance, planting, reseeding, or resodding. The owner shall also be responsible for removing and replacing any landscaping, playground equipment or other facilities within the basin.
4.
A one-year maintenance bond against defects in workmanship shall be required by the administrative authority for any portion of the stormwater management improvements dedicated to the city, said maintenance bond to be provided by cashier's check, irrevocable letter of credit or acceptable surety authorized to do business in the state. All forms of maintenance bonds shall be subject to approval by the administrative authority and the city attorney. The value of bond shall be an amount equal to one hundred (100) percent of the value of the stormwater system improvements.
( Ord. No. 2011-28, § 3 )