§ 30-229. Post-construction requirement of permanent BMPs.

(a)

Post-construction BMPs. Land development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development, shall address stormwater runoff quality through the use of post-construction BMPs which shall be maintained in perpetuity.

(1)

Structural BMPs, such as inlet inserts, bioretention, grass swales and buffers, extended detention basins, sand filters, permeable pavement, constructed wetland ponds and channels, and underground BMPs located on private property shall be owned and operated by the owner(s) of the property on which the BMP is located, unless the city in writing agrees that a person other than the owner shall own or operate such BMP.

(2)

Nonstructural BMPs, such as site operations, employee training, and site planning incorporating low impact development techniques to address stormwater quality shall be implemented in perpetuity.

(3)

As a condition of approval of the BMP, the owner of a private project shall also agree to maintain the BMP to its design capacity and functionality unless or until the city relieves the property owner of that responsibility in writing. The obligation to maintain the BMP shall be memorialized on the subdivision plat, annexation plat, development agreement or other instrument or in a form acceptable to the city and shall be recorded in the office of the county clerk and recorder.

(4)

Easements. Drainage easements are required in order to ensure for the proper construction, maintenance, and access to drainage improvements that have the potential to affect the public drainage system and other properties. Drainage easements shall be granted to the city for inspection and maintenance purposes, and shall be shown on the drainage plan, final plat and site development plan, as applicable. The drainage easement shall state that the city has the right of access on the easements for inspection and maintenance purposes. Easements are generally required for detention or retention ponds, water quality enhancement ponds and best management practices, storm sewers, swales, channels, parking lot areas that convey runoff from adjacent properties and major drainageways and floodplains.

(b)

Certification of post-construction BMPs. During construction of post-construction structural BMPs, engineering inspections must be conducted at key installation points to ensure proper installation and functionality of the BMP. Upon completion of a project, and before construction acceptance and/or a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved final plan and the post-construction BMP will function as designed. All applicants are required to submit "as built" plans for any post-construction structural BMP after final construction is completed and must be certified by a Colorado licensed professional engineer. A final inspection by the city is required before the release of any performance securities can occur.

(c)

Ongoing inspection and maintenance of permanent BMPs.

(1)

Maintenance agreements. The owner of a site with privately maintained BMPs must execute an agreement addressing maintenance of BMPs that shall be binding on all subsequent owners of the permanent BMPs. Any owner who sells, conveys or otherwise transfers ownership of such site, shall within 30 days of such transfer provide the new owner written notice of the obligation to maintain the BMP's. An owner must also within such 30-day time period provide the city a copy of such notice. Failure of an owner to send or receive such notice shall not absolve the owner of the BMP maintenance requirements.

(2)

Publicly owned post-construction BMPs. Publicly owned or maintained post-construction BMPs shall be subject to ongoing inspection to ensure the BMP is functioning properly.

(3)

Long term inspection of post-construction BMPs. Post-construction BMPs included in a final drainage plan must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this article.

(Ord. No. 11-04, § 1, 5-3-2011; Ord. No. 12-12, § 14, 11-20-2012; Ord. No. 18-04, § 7, 4-3-2018)