[Ord. No. 8.460 (Bill No. 2571) §1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
Easements shall be provided in plans for stormwater facilities. A maintenance easement extending ten (10) feet beyond the construction limits of the facility is required. A ten (10) foot wide drainage easement shall be established connecting the discharge system stormwater structure with, and extending the easement to the location of the receiving stream or system.
B. 
Easements shall be provided in plans for storm water drainage areas. A storm water drainage easement shall consist of the creek or stream channel and a strip of land on both sides of the channel which is within one (1) foot of the highest elevation of the bank on its respective side. No structure shall be permitted within the storm water drainage easement. The storm water drainage easement shall be maintained with natural vegetation.
[Ord. No. 8.460 (Bill No. 2571) §1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
In Subdivision Projects. The responsibility of maintenance of the stormwater facilities in subdivision projects shall remain with the developer until such time as applicable escrows are released. Upon release of escrows, the maintenance responsibility 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. Regardless of ownership and whether the system is in common ground or individual lot; the stormwater facilities must be kept maintained, and functioning as intended by design. This shall be noted as such on the subdivision record plat.
B. 
In Single-Lot Projects. The responsibility for maintenance of the stormwater facilities in single-lot development projects shall remain with the general contractor until final inspection of the development is performed and approved and a certificate of compliance is issued. After issuance of a certificate of compliance, the maintenance of stormwater facilities shall be vested in the owner of the project.
C. 
Remedial Work By City — Assessment Of Cost. If the trustees or owner fail to provide reasonable degree of maintenance and the facilities become inoperative or ineffective, the City may perform remedial work and assess trustees or owner for the cost of repair and maintenance.
[Ord. No. 8.460 (Bill No. 2571) §1, 1-16-2014; Ord. No. 14.541 (Bill No. 2761), 12-19-2019; Ord. No. 14.559 (Bill No. 2832), 7-21-2022]
A. 
Annual Inspection of Storm Water Detention Facilities. The Director of Public Works shall inspect on an annual basis all storm water detention facilities required by this Article.
B. 
Declaration of Nuisance. Any stormwater detention facility and/or appurtenances thereto that are not properly maintained, determined to be inoperative or ineffective to meet intended design standards, has storm water storage capacity diminished due to siltation, has an accumulation of debris within the basin area, has plant growth within the basin area that diminishes the design capacity or function of the facility, has inlet piping or discharge piping damaged or clogged in any manner that reduces the capacity or proper function of such piping by any means other than an authorized storm water flow control device, or has evidence of erosion that compromises the structural integrity or functional design of the facility are hereby declared to be a public nuisance and must be promptly corrected by the owner or owners of such facility or the properties served by such facility in accordance with the provisions of this Article.
C. 
Notification of Violation. In the event that a storm water detention facility is determined to be a nuisance pursuant Subsection (B) above, a notice of violation shall be sent by the Director of Public Works to the owner(s) or trustee(s) of the facility or the properties served by such facility. Such notice shall specify the nature of the violation, the corrective action to be taken to bring such detention facility and/or appurtenances into compliance, and the amount of time allowed to complete all required repairs. The notice of violation shall inform the aforesaid owners or trustees that if required repairs are not completed within the time specified, the City of Arnold will contract for such repairs to be made and the cost of such repairs become a lien against the property and the property served by such facility and the cost shall be apportioned accordingly among the property owners. Notification required by this Section shall be sent by first class mail to the last known owner(s) and/or trustee(s) of the facility or the properties served by such facility.
D. 
Time Limit For Repairs. Repairs required by this Article shall commence within thirty (30) days of the date of mailing of the notification of violation and shall be pursued in such a manner by the owner(s) or trustee(s) as to assure completion of all required repairs within sixty (60) days of the date of the mailing of the notification. The Director of Public Works may extend the time period for compliance due to adverse weather conditions or, if in his judgment, the repairs cannot be reasonably completed within the time period required by this Section.
E. 
Appeal Procedure For Violation Notice. In the event of a dispute as to the findings contained in the notice of violation, the Director of Public Works may allow an additional amount of time, not to exceed thirty (30) days, to allow the owner(s) or trustee(s) of the facility the opportunity to have an engineering report completed by an engineer, licensed by the State of Missouri, to prove that required facilities are in compliance with the provisions of this Article.
F. 
Repair By City; Cost Of Repairs To Be A Lien; Special Assessment. In the event that repairs are not made to correct the deficiencies contained in the notice of violation within the allotted time, the Director of Public Works is hereby authorized to make said repairs or to seek bids to remedy the violations. The cost of repairs made by the City and all related costs shall become a lien against the property and the properties served by such facility and a special assessment tax bill shall be sent to the owners of record of the affected by such lien.