[11-7-2018 by Ord. No. 1753]
The requirements of this division concerning stormwater easements and maintenance agreements shall apply to all persons required to submit a drainage plan to the City for review and approval.
[11-7-2018 by Ord. No. 1753]
The developer shall provide all stormwater easements necessary to implement the approved drainage plan and to otherwise comply with this article in form and substance required by the City, and shall record such easements as directed by the City. The easements shall ensure access for proper inspection and maintenance of stormwater management facilities and shall provide adequate emergency overland flow-ways. Easements for private stormwater management systems shall be conveyed by each landowner to the entity responsible for operation and maintenance of the stormwater management system. The City will not accept easements over private stormwater management systems.
[11-7-2018 by Ord. No. 1753]
(a)
Maintenance agreement required. The developer shall provide all stormwater maintenance agreements necessary to implement the approved drainage plan and to otherwise comply with this article in form and substance as required by the City. The maintenance agreement shall be signed and submitted to the City for review and approval at the time application for a stormwater permit is made. After construction of the stormwater management system has been verified and approved or accepted by the City, the developer shall execute a final maintenance agreement with the City, record such agreements with the County Register of Deeds, and provide a copy of the recorded document to the City. The City reserves the right to require the maintenance agreement be recorded prior to issuance of a stormwater permit.
(b)
Maintenance agreement provisions. The maintenance agreement shall, among other matters, ensure access for proper inspection by the City or its designee, allow for maintenance or corrective actions of stormwater BMPs, and include provisions for the tracking of maintenance activities, and transfer of operation and maintenance responsibility to ensure the performance standards are met in perpetuity.
(1)
Maintenance plan. The maintenance agreement shall include a maintenance plan and schedule for routine, emergency and long-term maintenance of all structural and vegetative stormwater BMPs installed and implemented to meet the performance standards, with a detailed annual estimated budget for the initial three years, and a clear statement that only future maintenance activities in accordance with the maintenance plan shall be permitted without the necessity of securing new permits.
(3)
Failure to perform maintenance. If it has been found by the City, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this article and/or as required in the approved maintenance agreement as required hereunder, the City shall then be authorized, but not required, to hire an entity with qualifications and experience in the subject matter to undertake the monitoring and maintenance as so required, in which event the property owner shall be obligated to advance or reimburse payment for all costs and expenses associated with such monitoring and maintenance, together with a reasonable administrative fee. The maintenance agreement required under this article shall contain a provision spelling out the requirements; and if the applicant objects in any respect to such provision or the underlying rights and obligations, such objection shall be resolved prior to the commencement of construction of the proposed development on the property. If the property owner fails to pay the costs incurred by the City under this section, the costs shall be a lien on the property and enforced as provided in Section 29-152.
(c)
Tracking operation and maintenance. The City shall implement a tracking system to include procedures for filing and retrieval of all recorded maintenance agreements, maintenance plans, and stormwater management system maps to document location and ages of stormwater BMPs. The City shall also track annual inspection reports required to be submitted from the developer, and any inspection conducted by the City to document condition of stormwater BMPs and maintenance performed.
[11-7-2018 by Ord. No. 1753]
Prior to issuance of a stormwater permit, all stormwater management systems must have a single entity responsible for long-term operation and maintenance. The City will not approve an orphan drainage system serving multiple landowners without recorded stormwater easements and maintenance agreements.