City of Suffolk

The City of Suffolk has enacted a Stormwater Management Ordinance in order to ensure the general health, safety and welfare of the citizens of Suffolk and to protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from any land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity should be administered and enforced. All of these policies help the City of Suffolk satisfy the requirements of their NPDES and VPDES permits, while parts the City of Suffolk are also subject to the rules of the Chesapeake Bay Preservation Act (CBPA).

To prevent the adverse impacts of stormwater runoff, the city of Suffolk has developed a set of performance standards that must be met at development sites. These standards apply to any land development or land use conversion activity disturbing 2500 square feet or more of land in these areas designated as CBPA or 10,000 square feet in areas outside of CBPA designated areas. The boundaries for the CBPA and the applicable performance standards, outlined in § 31-611 of the Unified Development Ordinance, are available through the City of Suffolk Planning Department.

ARTICLE II. STORMWATER MANAGEMENT PROGRAM PROCEDURES AND REQUIREMENTS

Sec. 35-23. Stormwater facility maintenance agreements

A. Prior to the issuance of any permit that has a stormwater management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance agreement that shall be binding on all subsequent owners of land served by the stormwater management facility.

1. The maintenance agreement shall provide for access to the stormwater management facility at reasonable times for periodic inspection by the director, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. This includes the right to enter a property when a reasonable basis exists to believe that a violation of this article is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this article. The easement shall be recorded by the property owner in the land records. Proof of recordation shall be provided to the director.
2. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance agreement that must be approved by the city manager and recorded into the land record prior to final plan approval. The agreement shall identify by name or official title the person(s) responsible for carrying out the maintenance. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are sold, legally binding arrangements shall be made to pass the basic  responsibility to successors in title. These arrangements shall designate for each property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. As part of the plan approval, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility.
3. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the City of Suffolk reserves the authority to perform the work and recover the costs from the owner.
4. The maintenance agreement shall provide for inspections and maintenance and the submission of inspection and maintenance reports.

Sec. 35-28. Monitoring, reports, inspections, and stop work orders.

1. The Director shall have authority to make such lawful inspections and conduct monitoring of stormwater outfalls or others components of the storm sewer system as may be necessary or appropriate in the administration and enforcement of this chapter.
2.  All stormwater management facilities must undergo inspections to document maintenance and repair needs and ensure compliance with the requirements of this article 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.
3.  At a minimum, a stormwater management facility shall be inspected on an annual basis by the City of Suffolk.
4.  Maintenance agreements shall be in-place and include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and should also include “failure to maintain” provisions.
5. The city may require the person responsible for implementing the approved plan to monitor, submit reports, and maintain records of all inspections and maintenance to ensure compliance with the approved plan and to determine whether the plan provides effective stormwater management.
6. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the administrator shall notify the applicant, owner or person responsible for carrying out the plan by registered or certified mail to the address specified in the plan application or in the plan certification, or by delivery at the site of the development activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the applicant, owner or person responsible for carrying out the plan shall be deemed to be in violation of this article and shall be subject to the penalties provided by this chapter.
7. Upon determination of a violation of this chapter, the administrator may, in conjunction with or subsequent to a notice of violation as specified in this article, issue an order requiring that all or part of the development activities on the site be stopped until specified corrective measures have been taken. The stop work order shall be served in the same manner set out in subsection (6), above, for a notice of violation.