[CC 1985 §5-69.23; Ord. No. 2963 §1(Art. III §4.1), 5-14-1998]
Upon approval of the stormwater management plan, but before
the issuance of a building permit or subdivision plat approval, the
City shall require the applicant to post a performance bond, cash
escrow, certified check or other acceptable form of performance security
in an amount sufficient to ensure the execution of the plan. After
determination by the City that all facilities are constructed in compliance
with the approved plan, the performance bond or other securities shall
be released. The City Engineer shall recommend the amount of the bond,
escrow or letter of credit.
[CC 1985 §5-69.24; Ord. No. 2963 §1(Art. III §5.1), 5-14-1998]
A.
The owner
of the tract of land to be developed shall agree to maintain all stormwater
facilities upon said land tract. The owner in preparation of the plat
to be recorded at the Recorder of Deeds office shall provide for a
statement of maintenance responsibilities:
"All drainage easements and all improvements therein, as shown
on the plat, shall not be dedicated to the City of Ste. Genevieve,
Missouri, but shall remain with and run with the property and shall
be maintained solely by and at the expense of the owners of the property
abutting thereto."
B.
Maintenance Responsibilities For Stormwater Management Facilities.
1.
Purpose. The purpose of this Section is to establish maintenance
standards to ensure that after stormwater management facilities have
been properly designed and constructed, they continue to function
properly. Continued proper functioning is highly dependent upon the
proper maintenance of the facilities.
2.
Design of facilities. Maintenance costs over a period of
years will generally surpass the costs of initially constructing water
management facilities. The applicant and the administrative officer
should utilize all appropriate methods, approaches and techniques
to design and construct these facilities in such a manner that fulfills
the requirements of this Article, facilitates their inspection and
minimizes future maintenance costs.
3.
Maintenance responsibilities. The growth of noxious weeds,
the creation of conditions which support the growth of mosquitoes
and other insects and the decrease in available storage by accumulated
sediments shall be controlled. The cleanup of accumulated debris,
flotsam and other materials after runoff events have subsided shall
be assured.
a.
Detention
facilities, when mandatory, are to be built in conjunction with the
storm sewer installation and/or grading. Since these facilities are
intended to control increased runoff, they must be partially or fully
operational soon after the clearing of the vegetation. Silt and debris
connected with early construction shall be removed periodically from
the detention area and control structure in order to maintain close
to full storage capacity.
b.
All
stormwater detention facilities shall be contained within a stormwater
easement, dedicated to the City and the party(ies) responsible for
management and maintenance of the system.
c.
The
responsibility for maintenance of stormwater management facilities
in single-lot development projects shall remain with the owner, developer
and general contractor until final inspection of the development is
performed and approved and a legal occupancy permit, where applicable,
is issued. After legal occupancy of the project, the maintenance of
stormwater management facilities shall be vested with the property
owner.
d.
The
responsibility for maintenance of stormwater management facilities
in subdivision projects shall remain with the developer until such
time as responsibility is transferred, under appropriate legal arrangements,
to the private individual owners in the subdivision, the City or such
other maintenance entity or authority as may be proposed and approved
by the Board of Aldermen.
e.
If
responsibility is to be transferred to the private individual owners
in the subdivision, the developer shall assure perpetual maintenance
of the drainage management facilities, including detention systems,
if any are included, through the adoption of maintenance agreements
or covenants for any facilities that remain in private ownership.
Such agreements or covenants shall be subject to the approval of the
administrative officer.
f.
If
the responsibility is to be transferred to the trustees of the subdivision,
the developer shall establish a suitable indenture of trust. Upon
release of escrow required for the subdivision development, the responsibility
for maintenance shall be vested in the trustees of the subdivision
by virtue of the trust indenture. The indenture of trust shall clearly
indicate resident responsibility for maintenance and shall be subject
to the approval of the administrative officer.
g.
Responsibility
for maintenance of closed systems is transferable to the City providing
the system to be maintained by the City shall have adequate dedicated
easements, dedicated to the public for stormwater management use,
to permit the City to inspect and enter upon the property, as necessary,
to maintain the system.
