Chapter 12.24
OPERATION AND MAINTENANCE
Sections:
12.24.010 Maintenance of storm water facilities by owners.
12.24.020 Maintenance covenant required for privately maintained drainage facilities.
12.24.030 County acceptance of new residential storm water facilities.
12.24.040 County acceptance of existing storm water facilities.
12.24.050 County inspections of privately maintained storm water facilities.
12.24.060 Inspection schedule.
12.24.010 Maintenance of storm water facilities by owners.
(1) Any person or persons holding title to a nonresidential property for which storm water facilities and BMPs have been required by Kitsap County shall be responsible for the continual operation, maintenance and repair of the storm water facilities and BMPs in accordance with the provisions of this title.
(2) For privately maintained storm water facilities, the maintenance requirements specified in this title, including the Kitsap manual, shall be enforced against the owner(s) of the subject property served by the storm water facility.
(3) Storm water maintenance shall be performed in accordance with the Kitsap manual.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.24.020 Maintenance covenant required for privately maintained drainage facilities.
(1) Prior to the use of a development constructed under a site development activity permit, the owner shall record a maintenance covenant which guarantees Kitsap County that the storm water facilities shall be properly operated, maintained and inspected, and which gives Kitsap County the authority to enter and inspect the facility, and to take any necessary enforcement action as per Chapter 12.32. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the Kitsap County auditor.
(2) The director may require the owners of existing storm water facilities for which Kitsap County has not previously accepted operation and maintenance responsibility to record a maintenance covenant or to request that Kitsap County accept operation and maintenance responsibility for the storm water facilities subject to the requirements of this title.
(3) Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject storm water facilities is accepted by Kitsap County.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.24.030 County acceptance of new residential storm water facilities.
The county may accept for maintenance those new residential storm water facilities constructed under an accepted site development activity permit that has been approved by public works and that meet the following conditions:
(1) Improvements in residential plats have been completed on at least eighty percent of the lots, unless waived by the director; and
(2) All drainage facilities have been inspected and accepted by the director and said drainage facilities have been in satisfactory operation for at least two years; and
(3) All drainage facilities reconstructed during the maintenance period have been accepted by the director; and
(4) The storm water facility, as designed and constructed, conforms to the provisions of this title; and
(5) All easements and tracts required under this title, entitling the county to properly operate and maintain the subject drainage facility, have been conveyed to Kitsap County and have been recorded with the Kitsap County auditor; and
(6) For nonstandard drainage facilities, an operation and maintenance manual, including a maintenance schedule, has been submitted to and accepted by Kitsap County; and
(7) A complete and accurate set of reproducible as-built drawings has been provided to Kitsap County. A professional engineer shall certify that both the vertical and horizontal alignment meet the design objectives.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.24.040 County acceptance of existing storm water facilities.
Kitsap County may accept for maintenance those storm water facilities for residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:
(1) Improvements in residential plats/PBDs have been completed on at least eighty percent of the lots; and
(2) An inspection by the director has determined that the storm water facilities are functioning as designed; and
(3) The storm water facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director; and
(4) The person or persons holding title to the properties served by the storm water facilities submit a petition containing the signatures of the title holders of more than fifty percent of the lots served by the storm water facilities requesting that the county maintain the storm water facilities; and
(5) All easements required under this title, entitling the county to properly operate and maintain the subject storm water facilities, have been conveyed to Kitsap County and have been recorded with the Kitsap County auditor; and
(6) The person or persons holding title to the properties served by the storm water facilities show proof of the correction of any defects in the drainage facilities, as required by the director.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.24.050 County inspections of privately maintained storm water facilities.
(1) The director is authorized to develop a county inspection program for privately owned and maintained storm water facilities in Kitsap County. The purpose of this inspection program shall be for the county to determine if the storm water facilities, conveyance structures and water quality facilities are in good working order and are properly maintained, and to ensure that storm water quality BMPs are in place and that nonpoint source pollution control is being implemented.
(2) Whenever the provisions of the inspection program are being implemented, or whenever there is cause to believe that a violation of this title has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times any and all storm water drainage facilities within Kitsap County to determine compliance with the provisions of this title.
(3) Prior to making any inspections, the director or assignee shall follow the procedures delineated in Section 12.32.030.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.24.060 Inspection schedule.
The director is authorized to establish a master inspection and maintenance schedule to inspect appropriate storm water facilities that are not owned and operated by Kitsap County. The party (or parties) responsible for maintenance and operation shall be identified. Critical storm water facilities, as so deemed by the director, may require a more frequent inspection schedule.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)