[Ord. No. 2994 §1, 3-15-2005]
Upon approval of the stormwater management plan, but before
the issuance of a building permit or final subdivision plat approval,
the City Engineer shall require the applicant to post a performance
bond, cash escrow, certified check, or other acceptable form of performance
guarantee in an amount sufficient to ensure the execution of the plan.
After determination by the City Engineer that all facilities are constructed
in compliance with the approved plan, and a maintenance agreement
has been executed, the performance bond or other securities shall
be released.
[Ord. No. 2994 §1, 3-15-2005]
A.
Each
owner of the property being developed has the responsibility and duty
to properly operate and maintain any stormwater management system
which has not been accepted for maintenance by the City. A maintenance
agreement, approved by the Board of Aldermen assuring perpetual maintenance
of stormwater management improvements, shall be executed by the City
and the applicant. The City may only accept responsibility for maintaining
systems which are part of a planned development involving more than
one (1) tract of real property and which, at the sole and absolute
discretion of the Board of Aldermen, is of significant benefit to
the community as a whole.
B.
The
maintenance agreement shall also specifically authorize representatives
of the City to enter onto the property for the purpose of inspections
of the drainage system. Such agreement shall be recorded with the
Recorder of Deeds. The maintenance agreement shall include a schedule
for regular maintenance of each aspect of the property's stormwater
drainage system and shall provide for access to the system for inspection
by authorized personnel of the City who will notify the property owner
in writing of maintenance problems which require correction; the property
owner shall make corrections within thirty (30) calendar days of such
notification. If the corrections are not made within this time period,
the City may have the necessary work completed and assess the cost
to the property owner.
C.
The
responsibility for maintenance in a single-lot development and maintenance
of improvements that serve only one (1) lot shall remain with the
general contractor and owner until final inspection of the development
is approved and an occupancy permit is issued. After occupancy, the
maintenance of the management system shall be vested in the owner
of the project. All such privately owned and maintained systems shall
be subject to periodic inspection by the City Engineer or his/her
representative. The City may, upon failure to do so by the responsible
party, maintain the system and charge the cost thereof against the
responsible party. The cost shall be certified to the City Clerk who
shall cause a special tax bill therefor against the property to be
prepared and to be collected by the Collector with other taxes against
the property. The special tax bill from the date of its issuance shall
be a first (1st) lien on the property until paid and shall be prima
facie evidence of the recitals therein and of its validity, and no
mere clerical error, informality in the same, or in the proceeding
leading up the issuance shall be defense thereto. Such tax bills if
not paid when due shall bear interest at the rate of eight percent
(8%) per annum. Inspection by City staff or maintenance of any system
does not indicate acceptance of any system.
D.
Homeowners'
associations or similar legal entities that are responsible for the
maintenance and control of common areas, including stormwater drainage
and detention basins, shall be established in such a manner that:
1.
Provision for the establishment of the association or similar entity
is made before any lot in the development is sold or any building
occupied;
2.
The association or similar legal entity has clear legal authority
to maintain and exercise control over such common areas and facilities.
3.
The association or similar legal entity has the power to compel contributions
from residents of the development to cover their proportionate shares
of the costs associated with the maintenance and upkeep of such common
areas and facilities.
E.
Maintenance Of Common Areas, Stormwater. The recipient of
any plat approval, or his/her successor, shall be responsible for
maintaining all stormwater drainage and detention basins or facilities
required by these regulations or any permit issued in accordance with
its provisions, except those areas, improvements or facilities with
respect to which a covenant of restrictions has been conveyed which
requires that a "homeowner's association" or some similar body becomes
responsible for the common areas, improvements or required facilities.
[Ord. No. 2994 §1, 3-15-2005]
A.
Inspections During Construction. The City Engineer or his/her
designated representative will also conduct periodic inspections of
the work in progress to be certain that the drainage system is being
built as designed. If any violations of the provisions or requirements
of this Chapter are noted during such inspections, the official shall
notify the property owner in writing of the items needing correction.
The property owner shall have ten (10) calendar days to make such
corrections unless given a specific extension of time in writing by
the official. Failure to complete such corrections within the specified
time period shall constitute a violation of this Chapter.
B.
Final Inspection. Upon notification by the applicant that
the drainage system is completed, the appropriate official of the
City or his/her representative shall conduct a final inspection. If
the drainage system is found to contain deficiencies which require
correction, the official or his/her representative shall notify the
property owner of the necessary corrections. The property owner shall
correct such deficiencies within ten (10) calendar days unless given
a specific extension of time in writing by the official. Failure to
make necessary corrections within the specified time period shall
constitute a violation of this Chapter. Upon finding that the drainage
system meets the provisions and requirements of this Chapter, the
official shall issue in writing a notice of drainage system completion
to the property owner. Any assurance bond on the project being held
by the City shall be released. No building permit shall be issued
until the final inspection process is complete.
