Swift Creek Watershed, Impoundment Maintenance

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POLICY STATEMENT 73

IMPOUNDMENT MAINTENANCE - SWIFT CREEK WATERSHED

Prepared by: S. Douglas Spell, Town Engineer

Approved by Council: 6/14/90

Effective: 6/14/90

Purpose 

To provide limited public maintenance of stormwater impoundments constructed in accordance with the Town’s Reservoir Watershed Protection Ordinance and located within the Swift Creek Watershed.

Coverage 

The Town will accept and perform limited maintenance activity on stormwater impoundments located within the Swift Creek Watershed and approved by the Town Council following the adoption date of this policy statement. The public maintenance activity shall be limited to sediment removal and structural repairs to the dam, spillway, riser and barrel.

Definitions

1. Association: A legal organization responsible for ownership and routine maintenance of certain private property and common open space within a private development.

2. Emergency Repairs: Any repair required to a stormwater impoundment which is determined to present a threat to public safety or is associated with a deteriorating condition which potentially could present a threat to public safety should the condition continue without abatement.

3. Impoundment: A natural or artificial stormwater retention facility which collects and stores runoff with a pre-determined conservation pool level providing for the settling of sediment and other suspended material.

4. Public Maintenance: The maintenance activity consisting of sediment removal and structural repairs to the dam, spillway, riser and barrel.

5. Routine Maintenance: All maintenance activity not included as a part of public maintenance consisting of but not limited to mowing, tree/underbrush removal, debris removal and security of the area.

Policy

1. The impoundment shall be constructed for the purpose of watershed protection and shall meet the requirements of the Reservoir Watershed Protection Ordinance and the Town Standard Specifications and shall be within the Swift Creek Watershed.

2. The property owner(s) or developer shall establish an Association governed by restrictive covenants which shall be responsible for all routine maintenance items such as, but not limited to, mowing, tree/underbrush removal, debris removal, and security of area so as to ensure safe and proper function of the impoundment. The restrictive covenants shall be submitted to the Town for review and approval.

3. The Association shall be responsible for all liability of the impoundment and associated lands and shall indemnify the Town of all liability including such activities which may occur during public maintenance activity. The restrictive covenants of the development shall designate the formation of an Association and shall indemnify the Town.

4. The Association shall be responsible for maintaining and ensuring safe water quality within the impoundment.

5. The Town shall annually inspect all stormwater impoundments covered by this policy to determine any maintenance activity necessary for the proper function of the impoundment as a part of watershed protection. As a general guideline, the Town shall attempt to provide sediment removal for impoundments at such time as 50 percent of the original impoundment storage volume has been depleted by sediment.

6. The public maintenance provided for herein shall be paid from funds collected from the Environmental Fee. Any other funding for public maintenance shall require a specific appropriation by the Town Council.

7. Public maintenance activity performed as a part of this policy shall be approved by the Town Council with appropriations for public maintenance from revenues collected from the issuance of Environmental Permits. 

8. The Town shall not accept any maintenance responsibility for impoundments constructed prior to the approval of this policy statement.