[Ord. No. 2772 §1, 5-20-2002]
A.
Any storm water management facility which services a single lot, a commercial development or an industrial developments shall be privately owned and maintained; provided however, the owner thereof shall grant to the City a perpetual, non-exclusive easement which allows for public inspection and emergency repair in accordance with the terms of the maintenance agreement set forth in Section 415.210(B) below.
B.
All
regional storm water management facilities, approved and accepted
by the City Engineer, shall be publicly owned and/or maintained.
C.
Private
maintenance requirements shall be a part of the deed to the affected
property.
[Ord. No. 2772 §1, 5-20-2002]
A.
A proposed
inspection and maintenance agreement shall be submitted to the City
Engineer for all private on-site storm water discharge control facilities
prior to the approval of the storm water management plan. Such agreement
shall be in form and content acceptable to the City Engineer 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 City at reasonable times for regular inspection
by the City Engineer. The agreement will identify who will have the
maintenance responsibility. Possible arrangements for this maintenance
responsibility might include the following:
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 rights to construct, use, reconstruct, repair, maintain
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, cost and 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.
C.
The
agreement shall provide that preventive maintenance inspections of
storm water management facilities may be made by the City Engineer,
at his/her option. Without limiting the generality of the foregoing,
the Director of Public Work's inspection schedule may include an inspection
during the first (1st) year of operation and once every five (5) years
thereafter, and after major storm events (i.e., 10-year flood).
D.
Inspection
reports shall be maintained by the City.
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 City shall have the right, but not the duty, to take such action
as may be necessary to protect the public and make the facility safe.
Any cost incurred by the City shall be reimbursed 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 City Engineer 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 ten (10) days after notice thereof, the City Engineer 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 City Engineer pursuant to this Subsection and Subsection (E) above and there shall be a lien on all property of the owner which 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 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 Engineer, in his/her reasonable discretion.
H.
The
City Engineer, at his/her sole discretion, may accept the certification
of a registered engineer in lieu of any inspection required by this
Chapter.
[Ord. No. 2772 §1, 5-20-2002]
A.
Prior
to the approval of the storm water management plan, the applicant
shall submit 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
storm water management facility.
B.
No
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.
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 City Engineer before commencing any work
to implement the storm water management plan and upon completion of
the work.
E.
The permittee shall provide an "as-built" plan certified by a registered professional as outlined in Article II, to be submitted upon completion of the storm water management facilities included in the storm water management plan. The registered professional shall certify that:
F.
A final
inspection may be conducted by the City Engineer 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
City Engineer shall maintain a file of inspection reports and provide
copies of all inspection reports to the permittee that include the
following:
