City of Battle Ground
Excerpt from Municipal Code
Chapter 18
18.250.300 Ownership of Stormwater Facilities
A. Stormwater facilities located within public road rights-of-way shall be owned by the city.
B. City ownership of stormwater facilities is required where the city will assume long-term maintenance of the facilities.
C. Stormwater facilities which collect, convey, treat, and/or infiltrate runoff from public rights-of-way shall be publicly owned and maintained, unless it is demonstrated to the satisfaction of the director that the stormwater facility can be adequately maintained by private parties.
D. Stormwater facilities that treat runoff from only private property shall be owned and maintained by private parties.
E. Stormwater facilities that treat mixed runoff from public and private property shall be owned and maintained by private parties unless otherwise approved by the director.
F. Stormwater facilities that treat stormwater runoff from single-family residential subdivisions shall be publicly owned and maintained, unless it is demonstrated to the satisfaction of the director that the stormwater facility can be adequately maintained by private parties
18.250.310 Maintenance
A. Initial Maintenance.
1. To ensure satisfactory operation of new public stormwater facilities, the applicant constructing the facility shall maintain it for two years after completion of the project. A maintenance agreement stating that the applicant will be responsible for the maintenance of the facility must be recorded prior to engineering acceptance.
2. The applicant shall post and maintain a maintenance bond or other security acceptable to the director during this two-year initial maintenance period. The purpose of the maintenance bond is to cover the cost of design defects or failures in workmanship of the facilities. The amount of the maintenance bond shall be twenty percent of the construction cost of the stormwater facilities.
B. Long-Term Maintenance.
1. Final plats shall include a note specifying the party(s) responsible for long-term maintenance of stormwater facilities.
2. If private parties are to provide long-term maintenance of a stormwater facility, a maintenance covenant will be required. The covenant shall include an agreement to transfer maintenance responsibilities to future occupants or owners of the property. Said covenant shall be recorded prior to engineering acceptance.
3. If the city provides long-term maintenance of a stormwater facility, all the following requirements shall be met:
a. The facilities shall be inspected and approved by the director prior to acceptance. Required remedial work to correct design, construction, and maintenance deficiencies shall be completed by the project developer prior to acceptance; and
b. All necessary ownerships and easements entitling the city to properly access and maintain the facility shall be conveyed to the city and recorded with the county auditor.
C. The city shall inspect privately maintained facilities for compliance with the requirements of this chapter. Facilities shall be maintained to the standards set forth in the city of Battle Ground stormwater facility maintenance manual, or the design engineer provided maintenance manual. If the parties responsible for long-term maintenance fail to maintain their facilities to acceptable standards, the city shall issue a written notice specifying required actions to be taken in order to bring the facilities into compliance. Following the written warning the city will enforce maintenance requirements as detailed in BGMC 18.250.040. (Ord. 16-16 § 1 (part), 2016: Ord. 09-16 (part), 2010; Ord. 96-802 §§ 20, 21, 1996)
Additional Links
City of Battle Ground Municipal Code
City of Battle Ground Stormwater Website
City of Battle Ground Stormwater Facility Maintenance Manual
