[Ord. No. 111808 §1(405-500.14), 11-18-2008; Ord. No. 11042013 §XII, 11-4-2013]
Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees, streets, street lighting, recreational facilities, stormwater drainage and storage facilities or other physical facilities ("private improvements") on parcels which are necessary or desirable for the welfare of the area and which are of common use or benefit and which the City does not maintain, the subdivider shall be responsible for the proper maintenance and supervision of the parcels and private improvements on a permanent and continuous basis and shall retain ownership of or the right of entry to the parcels in order to maintain the parcels and private improvements on said permanent and continuous basis. However, the subdivider may be relieved and discharged of this maintenance obligation upon creating, in writing, a permanent continuous association of property owners who would be responsible for said maintenance obligation, provided that all such maintenance agreements are incorporated in covenants and restrictions in deeds to the subdivided property and the documents creating the association and the restrictive covenants have been reviewed and approved by the City Attorney and filed of record with the Cass County Recorder of Deeds. Notwithstanding the above, the subdivider shall not be relieved of this maintenance obligation for each specific private improvement until the registered professional engineer or nurseryman who supervised installation of said private improvement has certified to the City that the improvement has been installed in accordance with the approved plans and relevant standards. Stormwater management facilities shall be subject to the maintenance requirements of Chapter
415 of the Peculiar Municipal Code.