[Ord. No. 2772 §1, 5-20-2002]
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.
All regional storm water management facilities, approved and accepted by the City Engineer, shall be publicly owned and/or maintained.
Private maintenance requirements shall be a part of the deed to the affected property.
[Ord. No. 2772 §1, 5-20-2002]
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:
All maintenance agreements shall contain, without limitation, the following provisions:
A description of the property on which the storm water management facility is located and all easements from the site to the facility;
Size and configuration of the facility;
A statement that properties which will be served by the facility are granted rights to construct, use, reconstruct, repair, maintain access to the facility;
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
A statement that no amendments to the agreement will become effective unless approved by the City.
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).
Inspection reports shall be maintained by the City.
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.
The agreement shall be recorded by the owner in the Register of Deeds prior to the final inspection and approval.
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.
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]
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.
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.
Any portion of the work which does not comply with the storm water management plan shall be promptly corrected by the permittee.
The permittee shall notify the City Engineer before commencing any work to implement the storm water management plan and upon completion of the work.
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:
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.
The City Engineer shall maintain a file of inspection reports and provide copies of all inspection reports to the permittee that include the following: