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MEDLIN Johnny R <br /> From: LONG Jack E <br /> Sent: Thursday, February 21, 2002 4:20 PM <br /> To: *Eugene PW SW Policy Team; MCVEY Fred; HARRIS Linda L; BOUTELL Margaret M <br /> Cc: ELLIOTT Brian N <br /> Subject: SW Policy Team follow up - proposed language for public vsprivate maintenance <br /> Following is proposed language that establishes the conditions whereby a stormwater treatment facility <br /> that serves private property would be eligible for the City to assume maintenance responsibility. As per <br /> the text in red font regarding locating such facilities within the public right-of-way, I want to flag two <br /> issues for discussion. The first is whether we should allow this option for treatment facilities that serve <br /> private property. The second issue is,that if we do allow these in the right-of-way, how then do we <br /> determine the hierarchy for locating these with the utilities, sidewalks, street trees, street lights,traffic <br /> control devices, medians, and other infrastructure that is historically or necessarily is located within the <br /> right-of-way? <br /> Treatment facilities to be privately maintained: <br /> As established in this manual and the Eugene Code, stormwater draining from private property is <br /> required to be treated on private property, in privately maintained facilities prior to being discharged to <br /> any component of the public stormwater system, except as otherwise specified in this section. The City <br /> may accept as public facilities, stormwater BMPs treating stormwater draining from private property <br /> within residential developments not otherwise required to construct and maintain a private stormwater <br /> system,under one or more of the following conditions: <br /> 1. The approved stormwater system is designed and constructed so that required BMPs treat stormwater <br /> collected and conveyed from both private property and from the public right-of-way. In such case the <br /> treatment facility for the combined stormwater discharge shall be located on either private or commonly <br /> held property within a dedicated public easement or within the public right-of-way and shall be subject <br /> to requirements for acceptance for public maintenance as set forth in section xxxxx of this manual. <br /> 2. The approved stormwater system is designed and constructed so that required BMPs treat stormwater <br /> collected and conveyed solely from 3 or more residential units within a multiple unit development not <br /> under a single ownership structure (e.g. condominiums,not apartments), or that includes 3 or more <br /> residential parcels within a development of single and/or duplex family residences on individual lots. In <br /> such case the facility must be located on private or commonly held property within a dedicated public <br /> easement or within the public right-of-way and shall be subject to requirements for acceptance for public <br /> maintenance as set forth in section xxxxx of this manual. <br /> 3. The approved stormwater system is designed and constructed so that required BMPs treat stormwater <br /> collected and conveyed solely from 3 or more residential parcels within a development of single and/or <br /> duplex family residences on individual lots,where the development is legally required to maintain a <br /> functioning homeowner association or property owner governing board,but where it can be <br /> demonstrated that the development would not otherwise need to construct and manage a private <br /> stormwater collection and conveyance system. In such case the facility must be located on private or <br /> commonly held property within a dedicated public easement or within the public right-of-way and shall <br /> be subject to requirements for acceptance for public maintenance as set forth in section" 3,4'i of this <br /> manual. <br /> 1 <br />