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 Virginia Beach
 Code of Ordinances
 Appendix D. STORMWATER MANAGEMENT

  § 1-28. Long-term maintenance of permanent stormwater facilities.  

Latest version.

  • A.

    The Administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in a Stormwater Management Facilities Maintenance Agreement recorded in the local land records of the Virginia Beach Circuit Court, prior to issuance of a VSMP permit and shall:

    1.

    Be submitted to the Administrator for review, approval and recordation prior to the issuance of the VSMP permit;

    2.

    Be stated to run with the land;

    3.

    Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;

    4.

    Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator;

    5.

    Be enforceable by all appropriate governmental parties; and

    6.

    Be approved for legal sufficiency by the City Attorney.

    B.

    At the discretion of the Administrator, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the Administrator that future maintenance of such facilities will be addressed through an enforceable mechanism.

    C.

    If a recorded instrument is not required pursuant to the subsection above, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic homeowner inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator.

    (Ord. No. 3337, 4-22-14, eff. 7-1-14)

(Ord. No. 3337, 4-22-14, eff. 7-1-14)