Agenda - Planning Commission - 04/06/2017

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0 An HOA is responsible for maintaining this complicated hillside stabilization and stormwater infrastructure, but silt -laden runoff has clogged the drainage inlets behind the lower retaining walls, causing polluted water to run into the San Francisco Bay. Local officials in Lake County, Illinois, recognized some of the primary issues and solutions associated with HOA-managed stormwater best management practices (BMPs). Lacking the budget for a dedicated maintenance program, maintenance of stormwater BMPs in Lake County is often the responsibility of the local HOA. Rather than relying solely on guidance or trusting in the good faith of the home owners association, the Lake County Stormwater Management Commission developed a multistep process focused on codifying maintenance in plan approval procedures, education, and out- reach for HOAs, and direct collaboration with the HOA in BMP inspections. Lake County engages with the develop- er early in the permitting process, requiring that a dedicated source of funds be allotted to stormwater infrastructure maintenance in perpetuity. Often, this funding source is HOA dues. Next, the stormwater plan is incorporated into the subdivision plat. The commission then develops a maintenance plan along with the HOA, clearly spelling out the roles and responsibilities of the as- sociation and the necessary maintenance schedule. Finally, the commission performs regular inspections of the infrastructure, and directly involves a representative of the HOA in the inspection. This allows the com- mission and the HOA to address any issues on site. Outside of this formal permitting and maintenance process, the commission holds workshops and education sessions with HOAs to increase local expertise in local stormwater maintenance issues (Rafter 2000). 'Roanoke County, Virginia: Proactive Inspections and Service Districts A recent public outreach process undertaken by the Roanoke County Department of Storm - water Management sought to address some of the primary issues of HOA management of stormwater infrastructure. The Roanoke Coun- ty Stormwater Advisory Committee (RCSWAC) developed a report highlighting the primary improvements that should be made to the permitting, inspection, and long-term maintenance process. While conclusions were wide-ranging, the committee also directly addressed crucial gaps in how stormwater infrastructure is (or isn't) managed by HOAs, and how that process can be improved. Enforcement of stormwater infrastructure maintenance has traditionally been under- taken by the HOAs themselves. Inspections were rare as they tended only to follow reports of violations. RCSWAC suggested that proac- tive and regular inspections by county staff are necessary to ensure proper maintenance procedures are being followed. Additionally, as many HOAs simply lack the expertise to perform BMP maintenance, the advisory committee recommended the use of a local service district in order to fund direct county maintenance of HOA stormwater infra- structure. Under this plan, a service district fee would allow the program to be cost -neutral for the county (cost being one of the primary reasons for HOA-managed infrastructure in the first place) and absolving the HOA of main- tenance responsibilities. As proposed, this would be a voluntary program. An alternative proposal would allow the county to serve as a contractor for the HOA, performing required maintenance and directly billing the associa- tion (Roanoke County 2014). In 2014, the county updated its storm - water management ordinance with provisions refining the process of transferring stormwa- ter facility maintenance responsibilities to HOAs and establishing a five-year schedule for county inspections of alt HOA-maintained stormwater facilities (§23-1 et seq.). However, the county has not yet implemented the ser- vice district proposal outlined in the RCSWAC draft stormwater program. Gadsden, Alabama: Establishing. Clear Responsibilities Gadsden, Alabama, directly addresses main- tenance of private stormwater infrastructure in its stormwater management regulations. According to the code, property owners (and HOAs) served by on -site stormwater manage- ment facilities must: (1) agree to and execute a deed -restricted maintenance plan; (2) provide for defined and periodic inspections by a registered professional engineer; (3) provide minimum maintenance and repair according to the standards outlined in the BMP manual; (4) perform repairs according to a city -determined time line; and (5) al- low for city -performed maintenance, should maintenance not occur in a timely manner at the expense of the association or property owner (§1o8-5.g). This transparent process allows the city to communicate clearly with subdivi- sion developers and subsequent HOAs on the rules and responsibilities governing stormwater infrastructure maintenance and repair. Direct codification of clear rules and responsibilities is an approach that can be clearly replicated in other municipalities nationwide, though the efficacy of this ap- proach relies heavily on funding for enforce- ment and inspections. CONCLUSION For planners and local officials aiming to mitigate hazard risk associated with new ZONINGPRACTICE 3.i7 AMERICAN PLANNING ASSOCIATION I page 6