The maintenance of private stormwater management facilities is the responsibility of:the owner of the property; and
any other person in control of the property.
The owner of a property that contains private stormwater management facilities installed under this Division II or any other person in control of that property must, in perpetuity, maintain in good condition and promptly repair and restore all:environmental site design practices;
stormwater management facilities;
grade surfaces, walls, drains, dams, and structures;
vegetation;
erosion and sediment control measures; and
other protective devices.
All maintenance, repairs, and restoration must be in accordance with the approved stormwater management plan.
Ord. 02-367
Ord. 10-277
A maintenance schedule must be developed for the life of every stormwater management facility or system of environmental site design practices.
The schedule must specify:the maintenance to be completed;
the time for completing that maintenance; and
the person responsible for performing that maintenance.
The maintenance schedule must be printed on the approved stormwater management plan.
Ord. 02-367
Ord. 10-277
Before any grading or building permit may be issued for a project for which a private stormwater management facility is required, the owner must execute an inspection and maintenance agreement binding on all current and subsequent owners of land served by the facility.
The agreement must provide for access to the facility, at all reasonable times, for regular inspections by the Department or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
A performance bond, with amount, terms, and provisions acceptable to the Department, must be provided.
The agreement must provide for forfeiture of the performance bond if, after written notice by the Department to correct any nonconformance with an approved plan<strong><em>,</em></strong> the owner fails to make satisfactory corrections within a reasonable time, not to exceed 30 days, unless extended for good cause shown.
The owner must record the agreement in the land records of Baltimore City.
Ord. 02-367
Ord. 10-277
The Department must periodically inspect all environmental site design practices and structural stormwater management measures to ensure that preventative maintenance is being performed.
These inspections must be made:at least once during the 1<sup>st</sup> year of operation; and
at least once every 3 years following.
The Department must maintain inspection reports for all stormwater management systems.
These inspection reports must include the following:the date of inspection;
the name of the inspector;
an assessment of the quality of the stormwater management system related to environmental site design treatment practice efficiency and the control of runoff to the maximum extent practicable;
the condition of:vegetation and filter media;
fences and other safety devices;
spillways, valves, and other control structures;
embankments, slopes, and safety benches;
reservoir and treatment areas;
inlet and outlet channels and structures;
underground drainage;
sediment and debris accumulation in storage and forebay areas;
any nonstructural practices to the extent practicable; and
any other item that could affect the proper function of the stormwater management system; and
a description of needed maintenance.
Ord. 02-367
Ord. 10-277
The department must promptly notify the owner of any deficiencies discovered from a maintenance inspection.
The owner must correct the deficiencies:within 30 days of the notice; or
by any other time to which the Department and the owner agree.
The Department must conduct a subsequent inspection to ensure completion of all required repairs.
If repairs are not made or are not done properly, the Department may take any enforcement action authorized by Subtitle 28 of <cite data-path="|7">this article</cite> or otherwise by law.
If, after an inspection by the Department, the condition of a stormwater management facility is determined to present an immediate danger to the public health or safety, the Department may take whatever action is necessary to protect the public and make the facility safe.
The Department may assess against the owner the costs incurred under this subsection.
Ord. 02-367
Ord. 10-277