§ 8.2.6. Detention facility maintenance.

a.

The detention storage capacity or function of any detention basin, pond or other impoundment, whether natural or man-made, shall not be removed or diminished without the express approval of the department.

b.

In a residential subdivision, it shall be the responsibility of the mandatory property owners' association to maintain the operational characteristics of any facility constructed on their property for storm water detention pursuant to City requirements, to keep the access drive free of obstructions, and to maintain the facility free of obstruction, silt or debris.

c.

In a non-residential subdivision or project served by a detention facility that provides detention for more than one property or by an off-site facility, the property owners shall be responsible for maintenance of the facility. The property owners shall enter into a maintenance agreement with the city for maintenance of the operational characteristics of the facility pursuant to city requirements, to keep the access drive free of obstructions, and to maintain the facility free of obstruction, silt or debris.

d.

In a non-residential project with an on-site detention facility which serves only that project, the property owner shall be responsible to maintain the operational characteristics of the facility pursuant to city requirements, to keep the access drive free of obstructions, and to maintain the facility free of obstruction, silt or debris.

e.

Where no maintenance agreement has been recorded, it shall be the responsibility of the property owner to maintain the operational characteristics of any facility constructed on their property for storm water management pursuant to city requirements, to keep the access drive free of obstructions, and to maintain the facility free of obstruction, silt or debris.

f.

Prior to the issuance of a development permit, the owner shall submit a detailed schedule of long-term maintenance and inspection activities. this schedule of activities shall be incorporated into a maintenance agreement to be entered into between the city and the owner. The schedule shall describe all maintenance and inspection activities and the parties responsible. The maintenance agreement shall be in a form acceptable to the city and shall be recorded in the deed records of the Clerk of Superior Court of Gwinnett County prior to the issuance of a final plat or a certificate of occupancy.

(Ord. of 6-28-2004(5))