Common use of Maintenance Access Clause in Contracts

Maintenance Access. Regular maintenance is crucial to the long-term effectiveness of stormwater management systems. Such systems must be designed to permit personnel and equipment access and to accommodate regular maintenance activities. For example, high maintenance features such as inlets, outlets, and pumps should be easily accessible to maintenance equipment and personnel. Legal authorization, such as an easement, deed restrictions, or other instrument must be provided establishing a right-of-way or access for maintenance of the stormwater management system unless the operation and maintenance entity wholly owns or retains ownership of the property. The following are requirements for specific types of maintenance access easements: (a) Easements must cover at least the primary and high maintenance components of the system (i.e., inlets, outlets, littoral zones, filters, pumps, etc.). (b) Easements for waterbodies, open conveyance systems, stormwater basins and storage areas must meet the following requirements: 1. Include the area of the water surface measured at the control elevation; and 2. Be a minimum of 20 feet from the edge of water at the control elevation or top of bank and include side slopes no steeper than 4H:1V. (c) Easements adjacent to water control structures must be a minimum of 20 feet wide. (d) Easements for piped stormwater conveyance must be a minimum of the width of the pipe plus 4 times the depth of the pipe invert. (e) Access easements must be 20 feet wide from a public road or public right-of-way to the stormwater management system. (f) As an alternative, the applicant may propose other authorization for maintenance access provided the applicant affirmatively demonstrates that equipment can enter and perform the necessary maintenance on the system.

Appears in 2 contracts

Sources: Ecosystem Management Agreement, Ecosystem Management Agreement