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 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 Corporation Counsel.
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 §
226-11C 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 found at the end 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.