Section 12A-95 Maintenance and repair of stormwater management facilities.

(a) Before approval of a stormwater management plan, the property owner must execute an easement in favor of the city allowing the city access to all stormwater management facilities on the property for inspection and, if the facility is to be maintained by the city, for maintenance.

(b) Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant, which must be approved by the director before final plat or plan approval and subsequently be recorded by the City with the Boone County Recorder of Deeds. The covenant will include a schedule for maintenance of the facilities to insure proper function of each stormwater management facility. The covenant shall also include a schedule for inspections of each facility to ensure proper function of each stormwater management facility between scheduled maintenance functions.

The director, in lieu of a maintenance covenant, may accept dedication of stormwater management facilities for City maintenance based on specific criteria developed by the director and generally limited to those stormwater management facilities which serve multiple properties. Any stormwater management facility accepted by the City for maintenance must meet all the requirements of this article and include adequate access easements for inspection and regular maintenance.

(c) All stormwater management facilities shall be inspected at least once each year to document maintenance and repair needs and to ensure compliance with this article. The facilities should also be inspected after each heavy rainfall and any necessary maintenance should be performed such as removal of silt, litter and debris from all catch basins, inlets, pipes and outlet structures.

All maintenance needs must be addressed in a timely manner. The inspection and maintenance schedule may be modified for each facility based on results of the initial inspection program as deemed necessary to be fully compliant with the purpose of this article.

(d) City inspections may be routine, random or complaint driven. Inspections may involve full evaluation of the physical structure and condition of the facility; review of the prior inspection, repair and maintenance records; and sampling of the surface water, discharges and groundwater as deemed necessary.

(e) Persons responsible for the operation and maintenance of stormwater management facilities shall make records of the inspection, repair, maintenance and any modifications to the facilities and shall retain these records for a minimum of five years. These records shall be made available to the director during inspection of the facility or at any time upon request.

(f) Failure to properly maintain a stormwater management facility is hereby declared a nuisance and may be abated under the procedures set forth in section 12A-202.