§ 161.11 Maintenance And Repair Of Storm Water Bmps

1. The landowner or developer of every site subject to the provisions of this chapter will be responsible for maintaining as-built storm water BMPs in an effective state as determined in the sole judgment of the City for 25 years after completion of construction.

2. Prior to the issuance of any permit for development involving any storm water BMP, the landowner or developer must execute a storm water management easement for each BMP in a form acceptable to the City. The easement will provide for access to the BMP by the City for periodic inspection. The easement must be recorded at the expense of the landowner or developer.

3. Prior to the issuance of any development permit, the landowner or developer must execute a storm water BMP maintenance agreement in a form acceptable to the City that requires the landowner or developer to inspect and maintain each storm water BMP for a period of 25 years. The Maintenance and Repair Agreement must include but is not limited to the following:

A. Sediment Forebay.

(1) Install depth marker and monitor sediment build-up. Monitor and remove sediment after accumulation of 33% of original depth.

(2) Remove trash and debris as needed.

(3) Inspect filter strip and re-seed or sod on a semi-annual basis.

(4) Based on inspection, plant an alternative grass species if the original grass cover has not been successfully established.

B. Pond.

(1) Prune and weed wildflower plantings as need. Inspect vegetation on a semi-annual basis. Corrective measures may include replanting any bare patches where vegetation has been unsuccessful or removed.

(2) Inspect for damage to the embankment, repair undercut or eroded areas, mow side slopes and remove litter and debris.

(3) Monitor sediment accumulation in the facility and remove sediment when the pond volume has been reduced by 25%.

(4) Examine to ensure that the inlet and outlet devices are free of debris and operational.

C. Overflow Spillway.

(1) Mow grass and maintain a height of 3-4 inches.

(2) Inspect vegetation on a semi-annual basis and remove and replace if found dead or unhealthy.

(3) Inspect and correct grass alongside slopes for erosion and formation of rills, gullies, bank slumping and erosion.

(4) Remove sediment, grass, weeds and debris from erosion stone-rip-rap area on semi-annual basis.

In addition, the storm water BMP maintenance agreement must provide for assessment against all owners of property in the development should the storm water BMP not be maintained. In lieu of the assessment agreement, the landowner or developer may submit a maintenance bond for a period of 25 years.

4. In the event that the responsible party fails to maintain the storm water BMP, the City, upon 30 days written notice, may repair or cause to be repaired the storm water BMP to its proper working condition. After completion of the repair, the City will submit an invoice for the repair to the responsible party, who must pay said invoice within 30 days. In the event that the invoice is not paid, the City will either certify the amount to the County Treasurer for collection as contemplated in the storm water BMP maintenance agreement to be collected in the same manner as ordinary taxes. When applicable, the City may also commence proceedings against the surety for payment of the expenses.