§ 13.63.270. Maintenance covenant required for privately maintained drainage facilities.

A.

Prior to the beneficial use of a project constructed under a City building permit or a stormwater discharge permit, the owner shall record a maintenance covenant which guarantees the City of Port Angeles that the stormwater facilities shall be properly operated, maintained and inspected. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the Clallam County Auditor.

B.

Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater facilities is accepted by the City of Port Angeles.

C.

Maintenance covenants shall include the maintenance standards specified by the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V, a list of maintenance activities and proposed inspection intervals for each element of the private stormwater system, and a guarantee that any maintenance necessary for any element of the stormwater system will be performed to the standards specified by the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V and within the following schedule:

1.

Within one year for wet pool facilities and retention/detention ponds;

2.

Within six months for typical maintenance;

3.

Within nine months for maintenance requiring re-vegetation;

4.

Within two years for maintenance that requires capital construction of less than $25,000.00.

D.

After satisfactory completion of a stormwater treatment and/or flow control facility meeting minimum requirements #6 and/or #7 or final plat approval, a stormwater facility maintenance bond or other surety acceptable to the City must be posted that warrants the satisfactory performance and maintenance of the stormwater facility for a period of two years. If the City assumes maintenance of the facility, the stormwater facility maintenance bond shall be posted for a period of two years from the date the City assumes maintenance responsibilities.

(Ord. 3568 § 1, 12/20/2016; Ord. 3367 § 2, 8/15/2009)