City of Richmond

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Excerpt from Richmond Code of Ordinances: Section 14 – Article V Richmond Stormwater Management Program

Sec. 14-331. – Long-term maintenance of permanent stormwater facilities.

A. All stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, shall be maintained for their full lifespan. In order to ensure this result, the permittee shall sign and record in the local land records an instrument obligating the permittee to maintain all stormwater management facilities for their full lifespan. The instrument shall be on the most recent form approved by the Administrator. If the permittee will not be the owner of the stormwater management facilities once they are fully constructed, the permittee shall obtain the document from the future owner. The Administrator shall not issue a final approval of a stormwater management plan until the recorded document is received and is deemed acceptable to the City. At a minimum, the instrument shall:

1. 1. Be submitted to the Administrator for review and approval during the review period for the stormwater management plan;
   2. Run with the land;
   3. Provide access to the property for maintenance and regulatory inspection purposes;
   4. Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and
   5. Be enforceable by all appropriate governmental parties.

B.  At the Administrator’s discretion, such recorded instruments need not be provided for stormwater management facilities, including BMPs and other techniques specified to manage the quality and quantity of runoff, designed to treat stormwater runoff primarily from an individual residential lot, provided future maintenance of such facilities will be addressed through an enforceable mechanism acceptable to the Administrator. Facilities that are exempted from Subsection (a) of this section pursuant to this subsection shall not be subject to the requirement for an inspection conducted by the Administrator.

C.  If a recorded instrument is not required pursuant to Subsection (b) of this section, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Facilities that are exempted pursuant to Subsection (b) of this section must comply with any requirements as required by the Administrator as a part of this overall strategy.

(Code 2004, § 50-410; Ord. No. 2014-116-89, § 3, 5-27-2014)

Sec. 14-332. – Monitoring and inspections.

A. The Administrator is authorized to inspect any land-disturbing activity in the City for:

1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan or the agreement in lieu of a stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan; and
4. Development and implementation of any additional control measures necessary to address a TMDL.

(Code 2004, § 50-411; Ord. No. 2014-116-89, § 3, 5-27-2014)

Sec. 14-335.- Enforcement

(a) If the Administrator determines that there is a failure to comply with the permit conditions, notice shall be served upon the permittee, operator or other person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application, or by delivery at the site of the development activities to the agent or employee supervising such activities.

Links

Richmond Code of Ordinance

Richmond Stormwater Website