[R.O. 2008 §560.190; Ord. No. 5430 §1, 6-25-1996]
A. Any storm water discharge control facility which services a single lot or commercial and industrial development shall be privately owned and maintained, provided however, the owner thereof shall grant to the municipality a perpetual, non-exclusive easement which allows for public inspection and emergency repair, in accordance with the maintenance agreement set forth in Section
560.200.
B. All
regional storm water discharge control facilities, identified on municipal
storm water discharge control master plans, shall be publicly owned
and/or maintained only if accepted for maintenance by the City Council.
C. All
other storm water discharge control facilities shall be publicly owned
and/or maintained only if accepted for maintenance by the City Council.
D. Private
maintenance requirements shall be a part of the plat of the subdivision.
[R.O. 2008 §560.200; Ord. No. 5430 §1, 6-25-1996]
A. A proposed
inspection and maintenance agreement shall be submitted to the Director
of Public Works for review and for approval of the City Council for
all private on-site storm water discharge control facilities prior
to the approval of the storm water management plan. (See Exhibit I
of this Ord. No. 5430 which is on file in the City offices). Such
agreement shall be in form and content acceptable to the City Council
and shall be the responsibility of the private owner. Such agreement
shall provide for access to the facility by virtue of a non-exclusive
perpetual easement in favor of the municipality at reasonable times
for regular inspection by the municipality. The agreement will identify
who will have the maintenance responsibility. Possible arrangements
for this maintenance responsibility might include the following:
1. Use of homeowner associations;
2. Arrangements to pay the municipality for maintenance;
3. Private maintenance by development owner(s); or
4. Contracts with private maintenance companies.
B. All
maintenance agreements shall contain without limitation the following
provisions:
1. A description of the property on which the storm water management
facility is located and all easements from the site to the facility;
2. Size and configuration of the facility;
3. A statement that properties which will be served by the facility
are granted right to construction, use, reconstruction, repair, maintenance
and access to the facility;
4. A statement that each lot served by the facility is responsible for
repairs and maintenance of the facility and any unpaid ad valorem
taxes, public assessments for improvements and unsafe building and
public nuisance abatement liens charged against the facility, including
all interest charges together with attorney fees and cost of expenses
of collection. If an association is delegated these responsibilities,
then membership into the association shall be mandatory for each parcel
served by the facility and any successive buyer, the association shall
have the power to levy assessments for these obligations and that
all unpaid assessments levied by the association shall become a lien
on the individual parcel; and
5. A statement that no amendments to the agreement will become effective
unless approved by the City Council.
C. The
agreement shall provide that preventive maintenance inspections of
storm water management facilities may be made by the municipality,
at its option, without limiting the generality of the foregoing. The
municipality's inspection schedule may include an inspection during
the first (1st) year of operation and once every year thereafter and
after major storm events (i.e., 5- or 10-year floods).
D. Inspection
reports shall be maintained by the Public Works Department.
E. The
agreement shall provide that if, after an inspection, the condition
of a facility presents an immediate danger to the public health, safety
or general welfare because of unsafe conditions or improper maintenance,
the municipality shall have the right, but not the duty, to take such
action as may be necessary to protect the public and made the facility
safe. Any cost incurred by the municipality shall be paid by the owner.
F. The
agreement shall be recorded by the owner in the Register of Deeds
prior to the final inspection and approval.
G. The agreement shall provide that the Director of Public Works shall notify the owner(s) of the facility of any violation, deficiency or failure to comply with this Chapter. The agreement shall also provide that upon a failure to correct violations requiring maintenance work, within thirty (30) days after notice thereof, the municipality may provide for all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the costs of the work performed by the municipality pursuant to this Subsection and Subsection
(F) above. There shall be a lien on all property of the owner(s) whose property utilizes or will utilize such facility in achieving discharge control, which lien, when filed in the Register of Deeds, shall have the same status and priority as liens for ad valorem taxes. Should such a lien be filed, portions of the affected property may be released by the City Manager following the payments by the owner of such owner's pro rata share of the lien amount based upon the acreage to be released with such release amount to be determined by the City Manager at his/her reasonable discretion.
H. The
City Manager, at his/her discretion, may accept the certification
of a registered engineer in lieu of any inspection required by this
Chapter.
[R.O. 2008 §560.210; Ord. No. 5430 §1, 6-25-1996]
A. Prior
to the approval of the storm water management plan, the applicant
shall submit to the Public Works Department a proposed staged construction
and inspection control schedule. This plan shall indicate a phase
line for approval. Otherwise the construction and inspection control
schedule will be for the entire drainage system.
B. Bi-stage
work, related to the construction of storm water management facilities,
shall proceed until the next preceding stage of work, according to
the sequence specified in the approved staged construction and inspection
control schedule, is inspected and approved by the Director of Public
Works or his/her designee.
C. Any
portion of the work which does not comply with the storm water management
plan shall be promptly corrected by the permittee.
D. The
permittee shall notify the Public Works Department before commencing
any work to implement the storm water management plan.
E. The permittee shall provide an "as-built" plan certified by a registered professional (as outlined in Article
II, Section
560.150) to be submitted upon completion of the storm water management facilities included in the storm water management plan. The registered professional shall certify that:
1. The facilities have been constructed as shown on the "as-built" plan;
and
2. The facilities meet the approved storm water management plan and
specification or achieves the function for which they were designed.
F. A final
inspection shall be conducted by the Director of Public Works or his/her
designee upon completion of the work included in the approved storm
water management plan to determine if the completed work is constructed
in accordance with the plan.
G. The
Public Works Department shall maintain a file of inspection reports
and provide copies of all inspection reports to the permittee that
include the following: (See Exhibit J of this Ord. No. 5430 which
is on file in the City offices).
1. The date and location of the site inspection.
2. Whether the approved plans have been properly implemented.
3. Any approved plan deficiencies and any actions taken.
H. The
Director of Public Works will notify the person responsible for the
land disturbing activity in writing when violations are observed describing
the following:
2. Required corrective actions;
3. The time period for violation correction.