Legal Documents of Jefferson City

Code of Jefferson City

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 4 Stormwater Management » § 14-406 Existing locations and ongoing developments.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Jefferson City
Title 14 : Zoning and Land Use Control
Chapter 4 : Stormwater Management

14-406 : Existing locations and ongoing developments.[2]

  1. On-site stormwater management facilities maintenance agreement:2


    1. 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.
    2. The maintenance agreement shall:
      1. 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.
      2. Provide for a periodic inspection by the property owners in accordance with the requirements of subsection (5) below for the purpose of documenting maintenance and repair needs and to ensure compliance with the requirements of this ordinance. The property owners will arrange for this inspection to be conducted by a registered professional engineer licensed to practice in the State of Tennessee, who will submit a signed written report of the inspection to the director of public works and utilities. It shall also grant permission to the city to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.
      3. Provide that the minimum maintenance and repair needs include, but are not limited to: the removal of silt, litter and other debris, the cutting of grass, cutting and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other stormwater facilities. It shall also provide that the property owners shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the MS4 BMP manual.
      4. Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the director of public works and utilities.
      5. Provide that if the property is not maintained or repaired within the prescribed schedule, the director of public works and utilities shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the director of public works and utilities cost of performing the maintenance shall be a lien against the property.
  2. Existing problem locations - no maintenance agreement.


    1. The director of public works and utilities shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problems affecting or caused by such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance. Discharges from existing BMPs that have not been maintained and/or inspected in accordance with this ordinance shall be regarded as illicit.
    2. Inspection of existing facilities. The city may, to the extent authorized by state and federal law, enter and inspect private property for the purpose of determining if there are illicit non-stormwater discharges, and to establish inspection programs to verify that all stormwater management facilities are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the city's NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs.
  3. Owner/operator inspections - generally. The owners and/or the operators of stormwater management practices shall:


    1. Perform routine inspections to ensure that the BMPs are properly functioning. These inspections shall be conducted on an annual basis, at a minimum. These inspections shall be conducted by a person familiar with control measures implemented at a site. Owners or operators shall maintain documentation of these inspections. The director of public works and utilities (stormwater entity) may require submittal of this documentation.
    2. Perform comprehensive inspection of all stormwater management facilities and practices. These inspections shall be conducted once every five years, at a minimum. Such inspections must be conducted by either a professional engineer or landscape architect, licensed in the State of Tennessee. Complete inspection reports for these five (5) year inspections shall include:
      1. Facility type,
      2. Inspection date,
      3. Latitude and longitude and nearest street address,
      4. BMP owner information (e.g. name, address, phone number, fax, and email),
      5. A description of BMP condition including: vegetation and soils; inlet and outlet channels and structures; embankments, slopes, and safety benches; spillways, weirs, and other control structures; and any sediment and debris accumulation,
      6. Photographic documentation of BMPs, and
      7. Specific maintenance items or violations that need to be corrected by the BMP owner along with deadlines and reinspection dates.
    3. Owners or operators shall maintain documentation of these inspections. The director of public works and utilities may require submittal of this documentation.
  4. Requirements for all existing locations and ongoing developments. The following requirements shall apply to all locations and development at which land disturbing activities have occurred previous to the enactment of this ordinance:


    1. Denuded areas must be vegetated or covered under the standards and guidelines specified in § 14-405(2)(c)(i), (ii), (iii) and on a schedule acceptable to the director of public works and utilities.
    2. Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed.
    3. Drainage ways shall be properly covered in vegetation or secured with rip-rap, channel lining, etc., to prevent erosion.
    4. Trash, junk, rubbish, etc., shall be cleared from drainage ways.
    5. Stormwater runoff shall, at the discretion of the director of public works and utilities be controlled to the maximum extent practicable to prevent its pollution. Such control measures may include, but are not limited to, the following:
      1. Ponds


        1. Detention pond
        2. Extended detention pond
        3. Wet pond
        4. Alternative storage measures
      2. Constructed wetlands
      3. Infiltration systems


        1. Infiltration/percolation trench
        2. Infiltration basin
        3. Drainage (recharge) well
        4. Porous pavement
      4. Filtering systems


        1. Catch basin inserts/media filter
        2. Sand filter
        3. Filter/absorption bed
        4. Filter and buffer strips
      5. Open channel


        1. Swale
  5. Corrections of problems subject to appeal. Corrective measures imposed by the director of public works and utilities under this section are subject to appeal under § 14-410 of this chapter. (as added by Ord. #2016-06, June 2016)
Footnotes:
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Appendix B contains a sample maintenance agreement that runs with the land. Numerous other maintenance agreements are available from MTAS and Tennessee cities. Appendix C contains an outline of the law governing covenants that run with the land. These appendixes are available in the recorder's office.