City of Richmond

Excerpt from Richmond Code of Ordinances: Section 14 - Article V Richmond Stormwater Management Program

Sec. 14-331. - Long-term maintenance of permanent stormwater facilities.

A. All stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, shall be maintained for their full lifespan. In order to ensure this result, the permittee shall sign and record in the local land records an instrument obligating the permittee to maintain all stormwater management facilities for their full lifespan. The instrument shall be on the most recent form approved by the Administrator. If the permittee will not be the owner of the stormwater management facilities once they are fully constructed, the permittee shall obtain the document from the future owner. The Administrator shall not issue a final approval of a stormwater management plan until the recorded document is received and is deemed acceptable to the City. At a minimum, the instrument shall:

1. 1. Be submitted to the Administrator for review and approval during the review period for the stormwater management plan;
   2. Run with the land;
   3. Provide access to the property for maintenance and regulatory inspection purposes;
   4. Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and
   5. Be enforceable by all appropriate governmental parties.

B.  At the Administrator's discretion, such recorded instruments need not be provided for stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, designed to treat stormwater runoff primarily from an individual residential lot, provided future maintenance of such facilities will be addressed through an enforceable mechanism acceptable to the Administrator. Facilities that are exempted from Subsection (a) of this section pursuant to this subsection shall not be subject to the requirement for an inspection conducted by the Administrator.

C.  If a recorded instrument is not required pursuant to Subsection (b) of this section, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Facilities that are exempted pursuant to Subsection (b) of this section must comply with any requirements as required by the Administrator as a part of this overall strategy.

(Code 2004, § 50-410; Ord. No. 2014-116-89, § 3, 5-27-2014)

Sec. 14-332. - Monitoring and inspections.

A. The Administrator is authorized to inspect any land-disturbing activity in the City for:

1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan or the agreement in lieu of a stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan; and
4. Development and implementation of any additional control measures necessary to address a TMDL.

The permittee or operator of a land-disturbing activity shall permit the Administrator to conduct such an inspection at reasonable times and under reasonable circumstances.

B. The Administrator is authorized to enter any establishment or upon any property, public or private, in order to conduct surveys or investigations necessary to ensure that stormwater management facilities are being adequately maintained as designed after completion of land-disturbing activities, to enforce this article or, when permitted by appropriate legal arrangement, including, but not limited to, a performance bond with surety, cash escrow, or letter of credit, for the purpose of taking appropriate corrective actions required by permit when a permittee, after proper notice, has failed to take acceptable action within the time specified. The operator of any such property shall permit the Administrator to conduct such an inspection, survey or investigation at reasonable times and under reasonable circumstances. The terms of the legal documentation referenced above will govern the terms of the Administrator's actions with regard to taking corrective actions.

C.  The Administrator is authorized to require, and a permittee shall furnish, when requested, any application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of the discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of this chapter.

D. The Administrator is authorized to conduct post-construction inspections of stormwater management facilities pursuant to the City's approved inspection program. The Administrator shall conduct an inspection of each facility, at a minimum, at least once every five years, except as may otherwise be provided for in Section 14-331.

(Code 2004, § 50-411; Ord. No. 2014-116-89, § 3, 5-27-2014)

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Richmond Code of Ordinances: Section 14 - Article V Richmond Stormwater Management Program