Last Updated 03/07/2024
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.
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.
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.
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Frequently Asked Questions
How often does Charles Town require stormwater facility inspections?
The City of Charles Town requires stormwater management facilities to be inspected at least once per year. This annual inspection must be carried out by whoever is responsible for operating and maintaining the facility, which could be a property owner, a homeowner’s association, or another designated party depending on the terms of the maintenance covenant recorded with the property.
All inspection findings, maintenance activities, and repairs must be recorded and kept on file. The City of Charles Town can request to review those records during an inspection or at any other reasonable time. AQUALIS can conduct your annual inspection, prepare the required documentation, and keep your records current.
Why does stormwater maintenance matter for Charles Town property owners?
Charles Town’s ordinance places the ongoing responsibility for stormwater facility maintenance on the property owner through a recorded maintenance covenant that stays with the property even if it is sold. That means maintenance obligations do not go away when ownership changes, and a new owner inherits whatever condition the facility is in.
If a facility is not being maintained and becomes a danger to public safety or public health, the Subdivision Administrator will notify the responsible party by registered or certified mail and specify what needs to be fixed and by when. If those requirements are not met, the City has the authority to step in, perform the necessary work itself, and recover the costs from the property owner. The City can also place a lien against the property, filed with the Office of the Clerk of the County Commission of Jefferson County.
In short, deferred maintenance does not just create a physical problem. It creates a financial and legal liability that follows the property.
What are the most common stormwater maintenance failures in Charles Town?
Charles Town’s ordinance identifies several specific maintenance tasks that property owners are responsible for keeping up with. Based on those requirements and AQUALIS’s inspection experience, these are the failures we see most often.
- Sediment, litter, and debris buildup.
- Overgrown or neglected vegetation.
- Failed or missing landscape plantings.
- Unrepaired structural components.
- Missing or incomplete maintenance records.
How do I know if my Charles Town stormwater facility is at risk?
Watch for these warning signs that your facility may need attention or is at risk of a compliance issue.
- Water is not draining properly.
- Visible debris or sediment accumulation.
- Vegetation is overgrown or dying.
- Structural damage is visible.
- You do not have maintenance records.
- The property recently changed hands.
Maintenance covenants in Charles Town are recorded with the property and survive transfers of ownership. If you recently purchased a property and are not sure what condition the stormwater facilities are in or what the maintenance history looks like, an AQUALIS assessment can give you a clear picture before any issues become your liability.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
