13.25.110 Stormwater management facilities accepted by the City of Covington for maintenance.
(1) The City is responsible for the maintenance, including performance and operation, of stormwater management facilities which have formally been accepted for maintenance by the Director.
(2) The City may assume maintenance of privately maintained stormwater management facilities only if the following conditions have been met:
(a) All necessary easements or dedications entitling the City to properly maintain the drainage facility have been conveyed to the City;
(b) The Director has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
(i) Flooding;
(ii) Downstream erosion;
(iii) Property damage due to improper function of the facility;
(iv) Safety hazard associated with the facility;
(v) Degradation of water quality or in-stream resources; or
(vi) Degradation to the general welfare of the community; and
(c) The Director has declared in writing acceptance of maintenance responsibility by the City or subsequent service provider. Copies of this document will be kept on file in the Department or subsequent service provider.
(3) The Director may terminate the Department’s assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
(a) Flooding;
(b) Downstream erosion;
(c) Property damage due to improper function of the facility;
(d) Safety hazard associated with the facility;
(e) Degradation of water quality or in-stream resources; or
(f) Degradation to the general welfare of the community.
Copies of this document will be kept on file in the Department of Public Works.
(4) A stormwater management facility that does not meet the criteria of this section shall remain the responsibility of the applicant that is required to construct the facility and the persons holding title to the property for which the facility was required. (Ord. 13-09 § 10 (Exh. 2); Amended at request of department 2/08; Ord. 37-02 § 2 (9.04.115))