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(a) The property owner has the obligation to, at all times, operate and maintain all stormwater management facilities located on their property in their fully functional condition as designed and constructed. Property owner responsibilities include, but may not be limited to, the following:

(1) Protecting facilities from damage, alterations, and unwarranted encroachments; and

(2) Preventing the prohibited conditions identified in TMC 13.40.040; and

(3) Maintaining unimpeded access to each facility from a public roadway for purposes of inspection and maintenance by the property owner and his or her agent or contractor and for inspection by the City. A stormwater management easement and an entry access easement may be recorded for this purpose; and

(4) Inspecting and maintaining facilities in accordance with the requirements of this chapter and the City of Topeka property owner’s guide to stormwater BMP maintenance.

(b) For stormwater management facilities designed and constructed after January 1, 2021, the locations, types, designs, and construction of facilities on the property will be shown in the property’s stormwater BMP record drawing, which is recorded by the Shawnee County Register of Deeds as a covenant running with the land. For facilities designed and constructed prior to January 1, 2021, the location and design or construction of the facilities may be shown in the construction record drawing, drainage report, stormwater management plan, and/or recorded plat. In the event this information cannot be obtained, the intended design and function of the facility shall be ascertained by the Director.

(c) The property owner shall periodically inspect all stormwater management facilities located on his or her property to identify maintenance needs, determine if the facility protective measures remain effective, check for prohibited conditions, facility damage, unwarranted encroachments and signs of poor function, and begin preparations for necessary routine maintenance and/or repair activities. Inspections shall be performed as follows:

(1) Routine Inspections. All stormwater management facilities shall be regularly inspected to evaluate facility function and determine needs for facility maintenance. Regular inspections must be performed often, such as monthly or when property landscape maintenance is performed and after storm or snow events. Guidance for routine inspection and maintenance of facilities is provided in the City of Topeka property owner’s guide to stormwater BMP maintenance. Documentation of routine inspections is not required.

(2) Two-Year Inspections. Comprehensive inspection of all stormwater management facilities shall be performed and documented once every two years, in accordance with the requirements established in the City of Topeka property owner’s guide to stormwater BMP maintenance. Property owners shall retain documentation of two-year inspections for no less than six years.

(3) Professional Inspection. Once in every six-year period, the biennial inspection shall be conducted and documented by either a professional engineer or landscape architect licensed to practice in the State of Kansas.

(d) Property owners may authorize others to perform maintenance and inspection activities for their stormwater management facilities; however, the property owner(s) remain responsible for ensuring required activities are performed as necessary to meet the requirements of this chapter. (Ord. 20262 § 14, 10-6-20.)