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(a) Upon completion of construction, stormwater management facilities and on-site drainage system shall be clean, free of sediment, trash, and debris, undamaged, and operating at fully functional design capacity as indicated in the approved stormwater management plan.

(b) Requirement for Stabilization. Banks of all streams, channels, ditches and other earthen stormwater conveyances shall be left in a stabilized condition upon completion of the new development or redevelopment. No actively eroding, bare or unstable vertical banks shall remain after completion of construction.

(c) Stormwater BMP Record Drawing. All applicants shall submit a stormwater BMP record drawing for any stormwater management facilities located on site after final construction is completed. The drawing shall fully and accurately show the constructed condition of all the stormwater management facilities at the project, including. but not limited to, facility location, type, grading, capacity, dimensional and material specifications of required major components and appurtenances, geotechnical conditions, vegetation types and location, flow direction, and relevant easement boundaries. Verification of design parameters, such as infiltration rate, may also be required as appropriate for the facility type.

(1) The drawing shall be prepared by a professional engineer, landscape architect, or registered land surveyor licensed or registered to practice in the State of Kansas, in accordance with requirements established in the City of Topeka stormwater BMP design policy handbook.

(2) The drawing shall be prepared after all stormwater management facilities used during construction as temporary sediment traps or for other soil erosion and sediment control purposes are modified to, and functioning in, their permanent, post-construction condition in keeping with the approved stormwater management plan.

(3) The drawing shall be signed by the owner and recorded by the Shawnee County Register of Deeds as a covenant running with the land.

(4) The drawing may be reviewed by the Director to evaluate conformance of the construction stormwater management facilities with their approved designs as shown in the approved stormwater management plan. If any constructed facility is determined to deviate from approved design, the Director may require:

(i) Corrective actions to bring the deviant facility into conformance with the design shown in the approved final stormwater management plan; and/or

(ii) Engineering study to demonstrate that the constructed condition of the deviant facility meets or exceeds the requirements of this chapter and the City of Topeka stormwater BMP design policy handbook; and/or

(iii) Preparation and approval of an amended stormwater management plan, as-built plan, or operation and maintenance plan or portions of these plans as necessary to ensure all project documentation is consistent with the actual conditions of the constructed project and its stormwater management facilities; and/or

(iv) Rerecording of the revised drawing or easements as necessary to ensure all legal instruments are consistent and accurate with the actual conditions of the constructed project and its stormwater management facilities.

(5) Modification or release of the recorded covenant that encompasses a stormwater management facility may be allowed if the facility encompassed by the covenant:

(i) Will be, or has been, removed or relocated due to lawful redevelopment of a portion, or all, of the property; or

(ii) Will be, or has been, lawfully altered or relocated such that the drawing no longer reflects the actual type, condition, or location of facility(s) located on the property; or

(iii) Will be, or are, no longer needed due to lawful construction of one or more alternate stormwater facilities, either on or off the property, that will, or do, manage the stormwater runoff handled by the facility encompassed under the covenant.

(d) Final Inspection. After approval of the stormwater BMP record drawing, the Director may perform a final inspection of the constructed stormwater management facilities and drainage system to assess conformity of the drawing to the actual condition of stormwater management facilities and on-site drainage system, and to evaluate compliance with subsections (a) and (b) of this section. The Director may, alone or in addition to other enforcement actions authorized by Chapter 13.15 TMC, request the Planning Director, in his sole discretion, to withhold issuance of a certificate of occupancy, to grant a temporary certificate of occupancy or revoke an existing certificate of occupancy pending satisfactory completion of corrective action(s) for failure to comply with any of the provisions of this section. (Ord. 20262 § 8, 10-6-20.)