Section 12A-95 Maintenance and repair of stormwater management facilities.
Prior to the adoption of Ord. 21407 on 09/04/2012, Section 12A-95 read as follows.
(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 a) 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
) All stormwater management facilities shall be inspected at least once each
the period beginning on March 1 and ending on May 31,
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.
) City inspections may be routine, random or complaint driven.
The director may inspect any
stormwater management facility as set forth in section 12A-192.
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.
) 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 (5) years. These records shall be
made available to the director during inspection of the facility or at any time upon request.
Inspection and maintenance records shall be submitted to the director by June 1 of each year.
Any failure to submit these records shall be unlawful and subject to the penalties of section 12A-11.
) Failure to properly maintain a stormwater management facility is hereby declared
nuisance and may be abated under the procedures set forth in section 12A-202.
Ord. No. 19442, § 2, 3-5-07)