2025 3 18 Packet 2

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ORDINANCE NO. 1138 
Page 12 of 19 
 
constructed should be included. A final inspection and acceptance of as-built plans by the 
City is required before any performance security or performance bond is released. The 
warranty period for any infrastructure to be accepted by the City for maintenance shall 
not commence until the City has accepted the as-built plans.  The City shall have the 
discretion to adopt provisions for a partial pro-rata release of the performance security or 
performance bond on the completion of various stages of development.  In addition, 
occupation permits shall not be granted until corrections to all BMP’s/SCM’s have been 
made and accepted by the City, if required.  
(2) In addition to the certified as built drawings, the City shall be provided with a permanent 
stormwater management plan for the site and all stormwater management facilities (e.g., 
SCM’s).  Occupation permits shall not be granted until the permanent stormwater 
management plan has been approved and accepted by the City. 
(3) Inspection of stormwater management facilities.  Periodic inspections of facilities shall be 
performed, documented, and reported in accordance with this chapter, as detailed in 14-
506. 
(4) Records of installation and maintenance activities.  Parties responsible for the operation 
and maintenance of a stormwater management facility shall make records of the 
installation of the stormwater facility, and of all maintenance and repairs to the facility, 
and shall retain the records for at least three (3) years. These records shall be made 
available to the City during inspection of the facility and at other reasonable times upon 
request. 
(5) Failure to meet or maintain design or maintenance standards.  If a responsible party fails 
or refuses to meet the design or maintenance standards required for stormwater facilities 
under this chapter, the City, after notice as specified in the Enforcement Response Plan, 
may correct a violation of the design standards or maintenance needs by performing all 
necessary work to place the facility in proper working condition.  In the event that the 
stormwater management facility becomes a danger to public safety or public health, the 
City shall notify in writing the party responsible for maintenance of the stormwater 
management facility. Upon receipt of that notice, the responsible person shall have thirty 
(30) days to effect maintenance and repair of the facility in an approved manner.  In the 
event that corrective action is not undertaken within that time, the City may take 
necessary corrective action.  The cost of any action by the City under this section shall be 
charged to the responsible party. 
(6) In the event that the stormwater management facility becomes a danger to public 
health/public safety, the City may take such immediate corrective action as deemed 
necessary. 
14-506. Permanent SCM’s: New 
 Development, Existing Facilities, and Ongoing 
Developments.   
(1) On-site stormwater management facilities inspection and maintenance agreement 
(a) Where the stormwater facility is located on property that is subject to a 
development agreement, and the development agreement provides for a 
permanent stormwater maintenance agreement that runs with the land, the owners 
of property must execute an inspection and maintenance agreement that shall 
operate as a deed restriction binding on the current property owners and all 
subsequent property owners and their lessees and assigns, including but not 
limited to, homeowner associations or other groups or entities. 
(i.) Assign responsibility for the maintenance and repair of the stormwater 
facility to the owners of the property upon which the facility is located 
and be recorded as such on the plat for the property by appropriate 
notation. 
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