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    City of Lansing

    Excerpt from Lansing Stormwater Design Manual

    Operation and Maintenance

    An effective inspection and maintenance program begins with a complete understanding of a construction plan and how it was designed to meet water quality goals. Regardless of who will be responsible for maintaining the facilities, a number of factors should be considered.

    • An inspector must be familiar with the physical requirements of the SCM
    • An inspector must understand why a particular SCM was included and how it fits into the treatment train
    • An inspector must be responsible for compiling detailed records

    Excerpt from Lansing Municipal Code

    1219.18. - Maintenance agreement.

    (a) Purpose of maintenance agreement. The purpose of the maintenance agreement is to provide the means and assurance that perpetual, long-term maintenance of stormwater BMPs shall be provided for and undertaken. A maintenance agreement shall be submitted to the City for review by the City Engineer and his/her designee, and shall be subject to approval in consistent with the approved stormwater management plan and BMP construction plans and specifications.

    (b) Responsible party.

    (1) The responsible party named in the recorded stormwater maintenance agreement shall maintain in good condition and promptly repair and restore all structural and non-structural stormwater BMPs and all necessary access routes and appurtenances. Such repairs or restoration and maintenance shall be in accordance with the approved stormwater BMP construction plans and specifications and the stormwater maintenance agreement.

    (2) The responsible party shall make records of installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the City during inspection of the practice and at other reasonable times upon request.

    (c) Maintenance agreement provisions.

    (1) The maintenance agreement shall provide for routine, emergency, and long-term maintenance of all stormwater BMPs.

    (2) The maintenance agreement shall be binding on all subsequent owners of land served by the stormwater BMPs and shall be recorded in the office of the appropriate County Register of Deeds prior to the effectiveness of the approval of the City.

    (3) If it has been found by the City, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance agreement as required hereunder, the City Engineer shall then be authorized, but not required, to hire an entity with qualifications and experience in the subject matter to undertake the monitoring and maintenance as so required, in which event the property owner shall be obligated to advance or reimburse payment (as determined by the City) for all costs and expenses associated with such monitoring and maintenance, together with a reasonable administrative fee. The maintenance agreement required under this chapter shall contain a provision spelling out this requirement and, if the applicant objects in any respect to such provision or the underlying rights and obligations, such objection shall be resolved prior to the commencement of construction of the proposed development on the property.

    1219.19. - Maintenance inspections.

    The City of Lansing Engineering Division or its representatives may conduct periodic inspections for all stormwater practices constructed as part of the approved BMP construction plans and specifications. All inspections will be documented in writing. The inspection shall document any maintenance and repair needs and any discrepancies from the stormwater maintenance agreement.

    1219.23. - Sanctions for violations.

    (a) Any person violating any provision of this chapter shall be responsible for a municipal civil infraction, plus costs, damages, expenses, and other sanctions as authorized under Chapter 87 of the Revised Judicature Act of 1961 and other applicable laws, including, without limitation, equitable relief; provided, however, that the violation stated in this chapter shall be a misdemeanor. The City is authorized to issue municipal civil infraction citations to any person alleged to be violating any provision of this chapter. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.

    (b) Any person who neglects or fails to comply with a stop work order issued under this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or imprisonment in the County jail for not more than 90 days, or both, such fine and imprisonment, and such person shall also pay such costs as may be imposed in the discretion of the court.

    (c) Any person who aids or abets a person in a violation of this chapter shall be subject to the sanctions provided in this section.


    Additional Resources

    Lansing Municipal Code

    Lansing Stormwater Management Plan

    Lansing Stormwater Design Manual