City of Rochester


The City of Rochester has enacted stormwater ordinances 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 the watersheds within the City of Rochester. Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition. This stormwater runoff contributes to increased quantities of waterborne pollutants. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.

Rochester is also a member of the Monroe County Stormwater Coalition. Established in 2000, the Monroe County Stormwater Coalition is composed of 29 municipal members. By working together, Coalition members are able to comply with the federal stormwater regulations and improve water quality in a cost-effective manner. At this time, the Coalition is funded through membership fees and grants. However, the Coalition is pursuing a long-term funding strategy.

The Coalition implements a wide range of projects and programs including public education, training for municipal employees and the land development community, demonstrations of practices that reduce polluted runoff from developed land, technical assistance with permits and erosion control, investigations of stormwater outfalls for indicators of illegal discharges, assessments of municipal facilities for opportunities to prevent pollution, and a Stormwater Master Plan for Monroe County to identify needed infrastructure.

Maintenance of Stormwater Management Facilities

Maintenance easement.

The applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City of Rochester, or its contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Part and to, if necessary, implement emergency repairs to protect the health, safety and welfare of the public. The easement dimensions shall be as directed by the City of Rochester, and the easement agreement shall be recorded in the office of the County Clerk, with a copy provided to the City of Rochester.

Maintenance after construction.

The owner or operator of permanent stormwater management practices installed in accordance with this Part shall ensure they are operated and maintained to achieve the goals of this Part. Proper operation and maintenance also includes, as a minimum, the following:

(1) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this Part.

(2) Written procedures for operation and maintenance and training new maintenance personnel.

(3) Discharges from the stormwater management practices shall not exceed design criteria or cause or contribute to a water quality standard violation.

Maintenance agreements.

(1) The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be ensured through the creation of a formal and enforceable maintenance agreement that must be approved by the City of Rochester and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. This agreement will include any and all maintenance easements required to access and inspect the stormwater management practices and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice. In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all stormwater treatment practices and include plans for periodic inspections by the owners, or their designated agent, to ensure proper performance of the facility. The maintenance agreement shall be consistent with the terms and conditions of the "Stormwater Control Facility Maintenance Agreement."

(2) The City of Rochester, in lieu of a maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided that such facility meets all the requirements of this Part and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Requirements of maintenance agreements.

All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs to ensure compliance with the requirements of this Part and accomplishment of its purposes. These needs may include removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be identified in writing, along with the schedule and methods to be employed to complete the maintenance. The maintenance repairs and restoration schedule are to be approved by the City of Rochester prior to commencing the work, and the City of Rochester shall inspect the facility upon completion of the work. The inspection and maintenance requirement may be increased by the City of Rochester as deemed necessary to ensure proper functioning of the stormwater management facility.

Records of installation and maintenance activities.

Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs and shall retain the records for at least five years. These records shall be made available to the City of Rochester during inspection of the facility and at other reasonable times upon request.

Maintenance guarantees for privately owned stormwater facilities.

Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the applicant or by a corporation that owns or manages a commercial or industrial facility, the applicant, prior to construction, may be required to provide the City of Rochester with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the City of Rochester acknowledges compliance with all details of approved site plan. If the applicant or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the City of Rochester may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs, until the City of Rochester acknowledges compliance with all details of approved site plan.

Inspection and right of entry

The City of Rochester or designated agent shall make inspections at any reasonable time for purposes of inspecting the construction of the stormwater management facilities. Inspections may include but are not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. The applicant must notify the City of Rochester in advance before the commencement of construction. If any violations are found, the property owner shall be notified of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the City of Rochester.

Furthermore, when any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, or combined sewer, the property owner shall grant to the City of Rochester the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Part is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this Part.

Links:

City of Rochester Stormwater Ordinance