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August 8, 2001 Water Quality Maintenance Issues <br /> Basic Assumptions <br /> 1. Maintenance is a private responsibility <br /> 2. Facilities will be located on private property <br /> 3. Public maintenance of shared facilities in SFR developments is an option <br /> ► Limited to maintaining functionality <br /> ► Does not convert facility to a public improvement(NWS definition in Ch 7) <br /> ► Requires contract specifying responsibilities and granting access <br /> 4. Vegetation maintenance responsibility may be covered adequately elsewhere in the code <br /> 5. Failure to maintain could be dealt with as a nuisance-check w/attorneys <br /> 6. Shared facilities,regardless of maintenance,need to be identified on plat to prevent conflicts or <br /> impacts with building permits. <br /> 7. The fair way to replace shared BMPs on private property is by assessing all benefitted property <br /> owners. <br /> Discussion on facilities to be maintained by city,and how to equitably distribute responsibility and cost, <br /> centered(today)on 3 issues. <br /> A)Where should shared facilities be located? <br /> Options <br /> ► In common area: Best choice. Links all of the benefitted lots to the facility,allows <br /> distribution of costs and non-public responsibilities <br /> ► In easements: Places significant burden on underlying fee owner. May be OK for some <br /> BMP's, such as grassy swales. <br /> ► Separate Lot:Not acceptable. Doesn't comply with code,doesn't address taxes/liability <br /> ► Right-of-way:No,inconsistent with public use <br /> B)What will City maintain? Include replacement? <br /> ► City will maintain functionality,but not vegetation mgt or litter control <br /> ► Minor erosion issues may be property owner,could become abatement issue <br /> ► Replacement of filtering media or removal of sediment would be city responsibility if <br /> part of the treatment function <br /> ► Replacement of facility itself would not be public cost,could be an abatement process <br /> ► If city causes damage during maintenance or through neglect,the city would be <br /> responsible for repair or replacement. <br /> C)How will we deal with facilities which treat runoff from private property and public r/w? <br /> Lots of discussion. Tough issue. Could lead to parallel conveyance/treatment systems. Related <br /> to the question of requiring common area and consequently a homeowners' association. <br /> We should consider discussions,perhaps field trip,to Bellevue and/or USA to see how they handle <br /> operational problems. <br /> 1 <br />