City of Charles Town
Excerpt from Subdivision and Land Development Ordinance of the City of Charles Town, WV
Part 13, Articles 1331 – 1336, of the Charles Town Code
Maintenance Requirements
a) Maintenance Plan. The design and planning of all Stormwater Management Facilities shall include detailed maintenance procedures to ensure their continued function. These plans will identify the parts or components of a Stormwater Management Facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan
b) Maintenance Easements & Agreement. The applicant must ensure access to all stormwater treatment facilities at the site for the purpose of inspection and repair by securing all the maintenance Easements needed on a permanent basis. These Easements will be recorded with the Final Record Plat and will remain in effect even with transfer of title to the property. Further, a covenant for maintenance of the facilities, binding on all subsequent owners of land served by the facilities or an owner’s association, shall be entered and recorded with the Final Record Plat.
Maintenance Inspection and Repair of Stormwater Facilities.
1. Maintenance Inspection of Stormwater Facilities.
All Stormwater Management Facilities must undergo inspections to document maintenance and repair needs and ensure compliance with the requirements of this Section and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation and any repair or replacement of structural features. At a minimum, a Stormwater Management Facility shall be inspected on an annual basis by the parties responsible for the operation and maintenance of the Stormwater Management Facility (e.g., Homeowner’s Association, property owner, etc.). In the event that the Stormwater Management Facility has not been maintained and/or becomes a danger to public safety or public health, the Subdivision Administrator shall notify the Person responsible for carrying out the maintenance plan by registered or certified mail to the address specified in the maintenance covenant. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the Maintenance Agreement, the City of Charles Town, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the owner and the City shall have a lien against the owner’s real estate which may be perfected by filing in the Office of the Clerk of the County Commission of Jefferson County. This remedy shall be in addition to all other remedies and enforcement procedures available under this Ordinance or applicable law.
2. Records of Maintenance and Repair Activities.
Parties responsible for the operation and maintenance of a Stormwater Management Facility shall make records of the installation and of all maintenance and repairs, and shall retain the records. These records shall be made available to the City of Charles Town during inspection of the facility and at other reasonable times upon request.
Charles Town Resources
Charles Town Subdivision and Land Development Ordinance (Amended 2019)
