[R.O. 2008 §560.170; Ord. No. 5430 §1, 6-25-1996]
A.
All
storm water management facilities shall be privately owned and maintained
unless the City Council accepts the facility for municipal ownership
and maintenance. The owner of all private facilities shall grant to
the municipality a perpetual non-exclusive easement which allows for
public inspection and emergency repair.
B.
All
storm water management measures relying on designed vegetated areas
or special site features shall be privately owned and maintained as
defined on the storm water management plan.
C.
Most
regional storm water management facilities will be publicly owned
and/or maintained.
[R.O. 2008 §560.180; Ord. No. 5430 §1, 6-25-1996]
A.
When
the municipality 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 municipality may:
1.
Require that the applicant grant any necessary easement over, through
or under the applicant's property to provide access to or drainage
for such a facility;
2.
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 easement necessary for the construction and maintenance of same. Failing to obtain such easements the municipality may, at its option, assist in such matters by purchase, condemnation, dedication or otherwise and subject to Subsection (A)(3) below, with any cost incurred thereby to be paid by the municipality; and/or
3.
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 municipality.
B.
To
implement this provision, both the municipality and developer must
be in agreement with the proposed facility that includes the additional
storage capacity and jointly develop a cost-sharing plan which is
agreeable to all parties.
