[Ord. No. 2772 §1, 5-20-2002]
A.
All
storm water management facilities shall be privately owned and maintained
unless the City accepts the facility for City ownership and maintenance.
The owner of all private facilities shall grant to the City a perpetual,
non-exclusive easement which allows for public inspection and emergency
repair.
B.
All
storm water management measures relying on designated vegetated areas
or special site features shall be privately owned and maintained as
defined on the storm water management plan.
[Ord. No. 2772 §1, 5-20-2002; Ord.
No. 3637, 3-20-2023]
When the City Engineer determines that additional storage capacity
beyond that required by the applicant for on-site storm water management
is necessary in order to enhance or provide for the public health,
safety and general welfare, to correct unacceptable or undesirable
existing conditions, or to provide protection in a more desirable
fashion for future development, the City Engineer may:
A.
Require
that the applicant grant any necessary easements over, through or
under the applicant's property to provide access to, or drainage for,
such a facility;
B.
Require
that the applicant attempt to obtain from the owners of property over,
through or under where the storm water management facility is to be
located, any easements necessary for the construction and maintenance
of same [and failing the obtaining of such easement the municipality
may, at its option, assist in such matter by purchase, condemnation,
dedication or otherwise, subject to Subsection (A)(3) below, with
any cost incurred thereby to be paid by the City]; and/or
C.
Participate
financially in the construction of such facility to the extent that
such facility exceeds the required on-site storm water management
as determined by the City Engineer.
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To implement this provision, both the City and developer must
be in agreement with the proposed facility that includes the additional
storage capacity and jointly develop a cost-sharing plan that is agreeable
to all parties.
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