[Ord. No. 14-04-09 §1, 4-21-2014]
All stormwater facilities and BMPs shall be maintained in accordance
with the approved and recorded stormwater maintenance agreement and
stormwater maintenance plan. If no maintenance agreement or plan is
in place, the owner shall maintain the facility as it was designed
in order to continue the mitigation of stormwater quantity and quality
impacts. This maintenance shall include removal of overgrown vegetation,
repair of erosion, repairs to any inlet/outlet structures, and removal
of excess silt or any other maintenance deemed necessary to provide
said mitigation. The design of stormwater facilities shall incorporate
maintenance accommodation and long-term maintenance reduction features.
[Ord. No. 14-04-09 §1, 4-21-2014]
The responsible party named in the recorded stormwater maintenance agreement (per Section 407.130) shall maintain in good condition and promptly repair and restore all structural and non-structural stormwater facilities and BMPs and all necessary access routes and appurtenances (grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices) in order to maintain the mitigation of stormwater quantity and quality impacts. Such repairs or restoration and maintenance shall be in accordance with the approved stormwater management design plan, the stormwater maintenance agreement, and the stormwater maintenance plan.
[Ord. No. 14-04-09 §1, 4-21-2014]
A.
The
City shall be permitted to enter and inspect facilities subject to
regulation under this Chapter as often as may be necessary to determine
compliance with this Chapter. If the site has security measures in
force which require proper identification and clearance before entry
into its premises, the responsible party shall make the necessary
arrangements to allow access to representatives of the City.
B.
Unreasonable
delays in allowing the City access to a permitted facility is a violation
of a stormwater discharge permit and of this Chapter.
C.
If
the City has been refused access to any part of the premises from
which stormwater is discharged, and is able to demonstrate probable
cause to believe that there may be a violation of this Chapter, or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this Chapter or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the City
may seek issuance of a search warrant from any court of competent
jurisdiction.
[Ord. No. 14-04-09 §1, 4-21-2014]
The responsible party shall make records of the installation
and of all maintenance and repairs, and shall retain the records for
at least five (5) years. These records shall be made available to
the Director during inspection of the facility and at other reasonable
times upon request.
[Ord. No. 14-04-09 §1, 4-21-2014]
A.
In the event that the stormwater BMP has not been maintained and/or becomes a danger to public safety or public health, the Director shall notify the responsible party by registered or certified mail. The notice shall specify the measures needed to comply with the maintenance agreement and the maintenance plan and shall specify that the responsible party has thirty (30) days or other time frame mutually agreed to between the Director and the responsible party, within which such measures shall be completed. If such measures are not completed, then the Director shall pursue enforcement procedures pursuant to Article IX of this Chapter.
B.
If
a responsible person fails or refuses to meet the requirements of
an inspection report, maintenance agreement, or maintenance plan the
Director, after thirty (30) days written notice (except, that in the
event the violation constitutes an immediate danger to public health
or public safety, twenty-four (24) hours notice shall be sufficient),
may correct a violation of the design standards or maintenance requirements
by performing the necessary work to place the practice in proper working
condition. The Director may assess the responsible party of the practice
for the cost of repair work which shall be a lien on the property,
or prorated against the beneficial users of the property, and may
be placed on the tax bill and collected as ordinary taxes by the City
of Excelsior Springs.
[Ord. No. 14-04-09 §1, 4-21-2014]
A.
Whenever
improvements to land are made, easements for the stormwater management
facilities including structural facilities, engineered channels and
overflow paths, shall be provided across private property. Easements
through existing developments shall be obtained as deemed necessary.
Drainage easements shall include access from a convenient public street
or parking lot. Minimum dimensions are as follows:
1.
Where a storm drain consists of a closed conduit, the width shall
be the greater of fifteen (15) feet or the sum of the conduit diameter
and twice the cover depth over the conduit.
2.
Where the drainage system consists of an engineered channel, easements
shall at a minimum be as wide as the top of bank width plus ten (10)
feet each side.
3.
The width of the easement must contain the overflow from the 100-year
(one percent (1%) annual chance) storm event and shall indicate the
highest expected water surface elevation of said event.
4.
Access easements to and around detention/retention facilities shall
be a minimum of fifteen (15) feet wide with cross slopes less than
five (5) horizontal to one (1) vertical in order to be safely accessible
by a vehicle unless otherwise approved by the Director.
[Ord. No. 14-04-09 §1, 4-21-2014]
No person shall damage, discharge or place any substance into
the drainage system which will or may cause obstruction to flow or
other interference with the operation of the stormwater drainage system.
Any person violating this Section or damaging the stormwater drainage
system shall be liable to the City for all expense, loss or damage
incurred by the City due to such violation or damage, in addition
to any other penalties set forth herein.
