Prior to the issuance of any approval that has
a stormwater management facility as one of the requirements, the applicant
or developer must execute a maintenance easement agreement that shall
run with the land and be binding on all subsequent landowners served
by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the City to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter. The easement shall be recorded by the grantor in
the office of the City Clerk after approval by the counsel for the
City.
The owner or operator of permanent stormwater
management practices installed in accordance with this chapter shall
ensure they are operated and maintained to achieve the goals of this
chapter. Proper operation and maintenance also includes, as a minimum,
the following:
A. A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
B. Written procedures for operation and maintenance and
training new maintenance personnel.
C. Discharges from the SWMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §
237-15 of this chapter.
The City shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the City Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of
Schedule B of this chapter entitled “Sample Stormwater Control Facility Maintenance Agreement.” The City, in lieu of a maintenance agreement, at its sole
discretion may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this chapter and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.