City of Alpharetta
The City of Alpharetta has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Alpharetta is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Alpharetta will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Alpharetta, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Alpharetta has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Inspection and Maintenance Responsibilities
For all existing and new developments the following inspection and maintenance responsibilities shall apply:
Private Stormwater Management Facilities
Private stormwater management facilities shall be privately owned and it shall be the responsibility of the owner(s) to ensure proper function of the stormwater management facilities located on their property. This shall be accomplished through, periodic inspections and routine maintenance by the responsible party. The owner(s) shall maintain a perpetual, non-exclusive easement that allows access for inspection and emergency maintenance activities. Private stormwater management facilities may include ponds, creeks, pipes, ditches, and drainage swales.
City Inspection Programs of Privately Owned Facilities
The Engineering/Public Works Department has established an inspection and maintenance program for privately owned structural stormwater controls. The inspection program includes routine inspections; random inspections; requested inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to: visual inspections; review of maintenance and repair records; sampling of discharges; and evaluating the condition of structural stormwater controls and practices.
The City will not involve itself in private property disputes or other legal actions between property owner(s).
The City may provide technical assistance and riprap to assist with the maintenance and stabilization of stormwater management facilities.
The City inspection program has a goal of inspecting 180 privately owned structural stormwater controls per year.
Notification to Owner(s)
In the event that the structural stormwater control is in good working order and does not need any maintenance, the City Engineer shall notify the responsible party within 10 business days of the inspection.
In the event that the stormwater management facility needs maintenance, has not been maintained, and/or becomes a danger to public safety or public health the City Engineer shall notify the responsible party by registered or certified mail within 10 business days of an inspection. The notice shall specify the measures necessary to bring the stormwater structural control into compliance.
Responsible Party Response to City
The City must receive a response within 60 days of issuing a notice of required maintenance to the responsible party. Included in the response must be the maintenance measures performed and/or a timeline for when the measures will be completed.
In the event that the responsible party does not respond to the City and/or perform the required maintenance within 60 days, a violation will be issued in accordance with Section 3.3.14 of the Unified Development Code.
Emergency Maintenance/Failure to Maintain
In accordance with Section 3.3.14 of the Unified Development Code, the Engineering/Public Works Department may conduct emergency maintenance if the responsible party fails or refuses to maintain their stormwater management facility in proper working order. In the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient. The City may correct a violation by performing the necessary work to place the facility in proper working condition. The City may assess the responsible party for the cost of the repair work that shall be a lien on the property, and may be placed on the ad valorum tax bill for such property and collected in the ordinary manner for such taxes.
Alpharetta Stormwater Inspection and Maintenance Policy
City of Alpharetta Stormwater Program Website