§ 14-331. Long-term maintenance of permanent stormwater facilities.  


Latest version.
  • (a)

    All stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, shall be maintained for their full lifespan. In order to ensure this result, the permittee shall sign and record in the local land records an instrument obligating the permittee to maintain all stormwater management facilities for their full lifespan. The instrument shall be on the most recent form approved by the Administrator. If the permittee will not be the owner of the stormwater management facilities once they are fully constructed, the permittee shall obtain the document from the future owner. The Administrator shall not issue a final approval of a stormwater management plan until the recorded document is received and is deemed acceptable to the City. At a minimum, the instrument shall:

    (1)

    Be submitted to the Administrator for review and approval during the review period for the stormwater management plan;

    (2)

    Run with the land;

    (3)

    Provide access to the property for maintenance and regulatory inspection purposes;

    (4)

    Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and

    (5)

    Be enforceable by all appropriate governmental parties.

    (b)

    At the Administrator's discretion, such recorded instruments need not be provided for stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, designed to treat stormwater runoff primarily from an individual residential lot, provided future maintenance of such facilities will be addressed through an enforceable mechanism acceptable to the Administrator. Facilities that are exempted from Subsection (a) of this section pursuant to this subsection shall not be subject to the requirement for an inspection conducted by the Administrator.

    (c)

    If a recorded instrument is not required pursuant to Subsection (b) of this section, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Facilities that are exempted pursuant to Subsection (b) of this section must comply with any requirements as required by the Administrator as a part of this overall strategy.

    (Code 2004, § 50-410; Ord. No. 2014-116-89, § 3, 5-27-2014)

(Code 2004, § 50-410; Ord. No. 2014-116-89, § 3, 5-27-2014)