The normal preconstruction conference must be held for any project to be constructed in the city. The following items will be required for the basin prior to or at the meeting:
(1) 
City inspection fees for public works construction.
(2) 
Any necessary federal, state, railroad company, or utility company permits.
(3) 
Owner/developer maintenance covenant.
(4) 
Homeowners association declarations and covenants/deed restrictions (filed copy).
(Code 1975, § 10¼-101)
The owner and the contractor are totally responsible for the control of erosion during construction. The owner and contractor shall provide all erosion control systems necessary during the construction period in order to minimize the detrimental effect of the sedimentation on downstream property owners and its accumulation in the public rights-of-way and drainage system.
(Code 1975, § 10¼-102)
All landscaping must be installed in accordance with the approved landscaping plan prior to the public works department approving the construction.
(Code 1975, § 10¼-103)
A two-year maintenance bond on the construction of all basins and their associated facilities (including landscaping) will be required. The maintenance bond will be for 20 percent of the total construction price for the basin.
(Code 1975, § 10¼-104)
The public works department will issue a "letter of approval" for the detention or retention basin after all construction on the basin is complete. No building permits will be issued in a residential subdivision until this approval has been given. In a commercial, industrial, or multifamily addition, only the permit to install the plumbing and foundation will be allowed prior to this approval, unless federal and state permits are required.
(Code 1975, § 10¼-105)
(a) 
Generally.
The maintenance of the detention or retention basin is essential to its proper functioning. This section outlines those maintenance responsibilities with reference to all parties involved.
(b) 
Contractor.
The contractor is initially responsible for all erosion control and other maintenance items related to the basin construction until it is approved as complete in writing by the city.
(c) 
Owner/developer.
The owner/developer shall execute the detention/retention storage facility maintenance covenant prior to council approval of the plat. The owner/developer shall be responsible for all maintenance absent a HOA or until the HOA assumes responsibility.
(d) 
Homeowners association.
In residential subdivisions where a detention or retention basin is to be constructed, a homeowners association (HOA) must be established. The HOA shall collect assessments no less often than once annually. This assessment shall include an amount to be collected and used for maintenance of the basin. The amount shall cover expected annual routine maintenance costs. The HOA declarations and covenants must provide a means for the HOA to maintain a minimum balance adequate to meet anticipated annual expenditures. The HOA shall be responsible for the following:
(1) 
Mowing of the basin and all areas around the basin controlled by the HOA based on a preapproved schedule.
(2) 
The upkeep and replacement of all landscaping.
(3) 
Operation and maintenance of aeration systems (including power cost and replacement cost).
(4) 
Trash and debris removal based on a preapproved cleaning schedule and scope.
(5) 
Operation and maintenance of decorative lighting around the basin.
(6) 
Any necessary dredging or silt removal from the basin and/or inlet and outlet structures.
(7) 
Repair and replacement of decorative fencing.
(8) 
Any "specialty" items not covered by any other party.
(e) 
Lot owners.
The owner/developer maintenance covenant and the HOA declarations and covenants will be executed by the owner of the subdivision on which the basin is to be installed, and will run with the land. Such covenants shall provide for assessments to be levied as liens if unpaid, and for enforcement and collection by the city if the HOA fails to perform.
(f) 
City.
(1) 
The city will retain the responsibility to ensure that the maintenance of a basin is accomplished. The owner/developer covenant shall authorize the city to order maintenance done if the owner or HOA does not. If the city has to pay for maintenance costs, it will invoke the lien provision in the owner/developer covenant and/or HOA declarations and covenants in order to collect the maintenance expense and any reasonable legal fees incurred.
(2) 
The city will be responsible for the repair and replacement of all structural components deemed necessary by the city. The structural components will include the inlet and outlet structures, storm drainage piping and retaining walls. The city will establish the repair and replacement schedule for all structural components.
(3) 
The city is required, by being a member of the National Flood Insurance Program, to ensure that all drainage facilities are maintained which are located within the 100-year floodplain as designated on the Federal Insurance Administration's flood insurance rate maps (FIRM).
(Code 1975, § 10¼-107)