14.25.209 Ownership and maintenance.
Click here to view prior versions of this section.
A. Maintenance standards. All stormwater facilities shall be inspected and maintained so that they operate as designed. Inspection and maintenance shall comply with the “Maintenance Standards for Drainage Facilities” as specified in Volume V-Runoff Treatment BMPs in the Stormwater Manual, and with an approved operations and maintenance manual.
B. Short-term Maintenance.
1. To insure satisfactory operation of new private stormwater facilities, the applicant constructing the facility shall maintain it for two years after completion of the project.
2. For stormwater facilities within a public road right-of-way or on land owned by the City, the applicant, after satisfactory completion of the stormwater facilities, shall post and maintain a maintenance bond or other security acceptable to the Director. The two-year maintenance bond will cover the cost of design defects or failures in workmanship of the facilities. The amount of the maintenance bond shall be ten percent of the construction cost of the stormwater facilities.
C. City Long – Term Maintenance.
1. The City is responsible for long-term maintenance of new stormwater facilities under any of the following situations:
a. Facilities located in public road rights-of-way; or
b. Facilities dedicated to the City; or
c. City-owned facilities that collect, convey, treat and/or infiltrate runoff from public rights-of-way.
2. If the City provides long-term maintenance of a stormwater facility, all the following requirements shall be met before the City becomes responsible for maintenance:
a. The facilities shall be inspected and approved by the Director prior to acceptance.
b. All necessary ownerships and easements to properly access the facility shall be conveyed to the City and recorded with the county auditor.
D. Private Long – Term Maintenance.
1. For private stormwater facilities, the applicant shall make arrangements requiring that the existing or future occupants or owners assume maintenance responsibilities. Such arrangements shall be approved prior to approval of the stormwater site plan or prior to the time of recording a required plat, short plat, or covenant.
2. Stormwater billing credits may be allowed as specified in VMC 14.09.100. Documentation that an existing water quality or quantity facility is properly maintained in accordance with the applicable requirements of the Stormwater manual is required. Failure to provide documentation demonstrating proper maintenance may result in revocation of credits.
3. The City shall have the authority to inspect private facilities for compliance. If the responsible party fails to maintain the facilities in compliance with maintenance standards for drainage facilities as specified in the Stormwater Manual, and in compliance with an approved operations and maintenance manual, the City may take enforcement action under VMC Title 22. (Ord. M-4179 §47, 2016; Ord. M-3920 §3, 2009)