10.32.120 Post-Construction.
(1) Stormwater facility construction, performance surety and certification.
(a) Construction and stabilization of all stormwater drainage facilities shall be completed prior to the issuance of a stormwater certificate of completion.
(b) Acceptance of a completion performance surety, in lieu of completed improvements, shall be permitted only when completion of improvements prior to issuance of a permanent certificate of occupancy is impractical (i.e., due to construction season delays or other factors beyond the proponent’s control). If use of a completion performance surety is desired, the applicant shall submit a written request indicating such to the City. The performance surety shall be an amount equal to 200 percent of the value of the stormwater improvements to be completed (including final site stabilization), as approved by the Administrator. The following types of sureties will be accepted:
(i) Cash;
(ii) Two-party Certificate of Deposit;
(iii) Bond;
(iv) Letter of Credit; or
(v) Promissory note secured by deed of trust. For this form of security, the value of the promissory note shall include an additional amount of $20,000 for administrative expenses that would be incurred to liquidate said promissory note.
(c) An erosion and sediment control (ESC) performance surety must be posted for 200 percent of the cost of proposed ESC and site stabilization BMPs in advance of issuance of standalone grading permits. Types of sureties accepted are the same as those listed in Section 10.32.120(1)(b).
(d) In the event that a performance surety is accepted by the City, the applicant will complete all aspects of the stormwater drainage facility or improvements, including landscaping, irrigation, and establishment of specified vegetation in accordance with the approved plans on file with the City, prior to the release of the surety. The surety will be released upon issuance of a stormwater certificate of completion per Section 10.32.120(1)(g) below.
(e) If the applicant, his or her agent, or contractor fails to comply with the Administrator’s requirements as set forth in Sections 10.32.120(1)(d) and 10.32.120(1)(f), then the Administrator may cause the work to be done and the cost thereof shall be paid from the performance surety required of the applicant under this Section; provided, however, that if the cost for such work exceeds the amount of the performance surety, the excess amount shall be billed to the applicant and/or the property owner. The portion of any performance surety remaining after all claims against it have been paid and the project has been approved as complete by the Administrator and/or his designee shall be forfeited to the City and deposited in the Stormwater Fund to compensate for administrative expenses related to applicant’s failure to perform.
(f) For any performance surety held by the City of Pullman on or after the effective date of this Chapter, if the applicant, his or her agent, or contractor suspends or abandons the work for a period of 360 days after the last documented inspection, the performance surety shall be forfeited and deposited in the Stormwater Fund. Forfeiture of the performance surety shall not relieve the applicant of any requirements, duty, or obligation to complete the work authorized by the stormwater permit or the requirements of this Chapter.
(g) Stormwater Certificate of Completion: Subsequent to final installation and stabilization of all stormwater BMPs shown on the City approved plans, submission of all necessary as-built plans, and final inspection and approval by the City, the City shall issue a Stormwater Certificate of Completion for the project. In issuing such a certificate, the City shall determine that all work has been satisfactorily completed in substantial conformance with this Chapter.
(2) Maintenance.
(a) The property owner is responsible for the maintenance, operation and repair of all stormwater drainage systems and BMPs serving their property unless the City has accepted maintenance responsibility in writing and a written easement exists granting an adequate and sufficient right to enter the property and conduct these activities. The property owner shall maintain, operate and repair the facilities in compliance with the requirements of this Chapter and Chapters 5 and 6 of the Stormwater Management Manual for Eastern Washington (2004), as amended.
(b) Property owners shall provide continued access to the City to inspect private stormwater BMPs. In lieu of granting continued access to the City for stormwater BMP inspections, property owners shall provide to the City annual certification by a qualified third party that adequate maintenance has been performed and the facilities are operating as designed to protect water quality. The annual certification shall only be provided by a qualified third party inspector from the list on file with the City.
(c) The following are the minimum standards for the maintenance of stormwater facilities:
(i) Facilities shall be inspected annually and cleared of debris, litter, sediment and vegetation when they affect the functioning and/or design capacity of the facility.
(ii) Grassy swales and other biofilters shall be inspected annually, or as needed, and mowed or replanted as necessary. Clippings are to be removed and properly disposed of.
(iii) Maintenance of stormwater drainage facilities shall be consistent with conditions of City approval, recorded agreements against subject properties, and City standards as enacted at the time of approval.
(iv) Where lack of maintenance is causing or contributing to a water quality problem or violation, immediate action shall be taken by the property owner to correct the problem.
(v) Proper access routes shall be constructed and maintained to allow equipment to access and perform maintenance and repair work on all stormwater systems. Access routes shall include an easement, covenant, or other authorization as necessary.
(vi) Property owners with development that falls under the Large Project category shall maintain records of stormwater system operation and maintenance activities, unless responsibility for operation and maintenance has been transferred to and accepted by the City in writing per Section 10.32.120(2)(a). (Ord. 11-1 §13, 2011).