A. 
The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the City Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the facility(ies).
B. 
The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities, consistent with the following principles:
(1) 
If a development consists of structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the City, stormwater control facilities should also be dedicated to and maintained by the City.
(2) 
If a development site is to be maintained in a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities should be the responsibility of the owner or private management entity.
C. 
The City Council, upon recommendation of the City Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
A. 
Prior to final approval of the site's stormwater management plan, the property owner shall sign and record a maintenance agreement covering all stormwater control facilities which are to be privately owned. This agreement shall stipulate that:
(1) 
The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner. (Note: City may consider a five- to ten-year period to turn over ownership/maintenance to the City).
(2) 
The owner shall convey to the municipality easements and/or rights-of-way to assure access for periodic inspections by the City and maintenance, if required.
(3) 
The owner shall keep in file with the City the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the City within 10 days of the change.
B. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the City Solicitor and City Council.
A. 
Persons installing stormwater storage facilities shall be required to pay a specified amount to the City stormwater maintenance fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
(1) 
If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the City for a period of 10 years, as estimated by the City Engineer. After that period of time, inspections will be performed at the expense of the City.
(2) 
If the storage facility is to be owned and maintained by the City, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The City Engineer will establish the estimated costs utilizing information submitted by the applicant.
(3) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The City Engineer shall determine the present worth equivalents, which shall be subject to the approval of the City Council.
B. 
If a storage facility is proposed that also serves as a recreation facility (e.g., ball field, lake), the City may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
C. 
If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor