City of Maryville, MO Article IV Maintenance, Construction and Inspection

Section 560.190 Maintenance.

[R.O. 2008 §560.190; Ord. No. 5430 §1, 6-25-1996]

A. Any storm water discharge control facility which services a single lot or commercial and industrial development shall be privately owned and maintained, provided however, the owner thereof shall grant to the municipality a perpetual, non-exclusive easement which allows for public inspection and emergency repair, in accordance with the maintenance agreement set forth in Section 560.200.

B. All regional storm water discharge control facilities, identified on municipal storm water discharge control master plans, shall be publicly owned and/or maintained only if accepted for maintenance by the City Council.

C. All other storm water discharge control facilities shall be publicly owned and/or maintained only if accepted for maintenance by the City Council.

D. Private maintenance requirements shall be a part of the plat of the subdivision.

Section 560.200 Maintenance Agreement — Privately Owned Facilities Only.

[R.O. 2008 §560.200; Ord. No. 5430 §1, 6-25-1996]

A. A proposed inspection and maintenance agreement shall be submitted to the Director of Public Works for review and for approval of the City Council for all private on-site storm water discharge control facilities prior to the approval of the storm water management plan. (See Exhibit I of this Ord. No. 5430 which is on file in the City offices). Such agreement shall be in form and content acceptable to the City Council 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 municipality at reasonable times for regular inspection by the municipality. The agreement will identify who will have the maintenance responsibility. Possible arrangements for this maintenance responsibility might include the following:

1. Use of homeowner associations;

2. Arrangements to pay the municipality for maintenance;

3. Private maintenance by development owner(s); or

4. Contracts with private maintenance companies.

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 right to construction, use, reconstruction, repair, maintenance and 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 and cost of 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 Council.

C. The agreement shall provide that preventive maintenance inspections of storm water management facilities may be made by the municipality, at its option, without limiting the generality of the foregoing. The municipality's inspection schedule may include an inspection during the first (1st) year of operation and once every year thereafter and after major storm events (i.e., 5- or 10-year floods).

D. Inspection reports shall be maintained by the Public Works Department.

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 municipality shall have the right, but not the duty, to take such action as may be necessary to protect the public and made the facility safe. Any cost incurred by the municipality shall be paid 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 Director of Public Works 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 thirty (30) days after notice thereof, the municipality 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 municipality pursuant to this Subsection and Subsection (F) above. There shall be a lien on all property of the owner(s) whose 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 Manager 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 Manager at his/her reasonable discretion.

H. The City Manager, at his/her discretion, may accept the certification of a registered engineer in lieu of any inspection required by this Chapter.

Section 560.210 Construction and Inspection.

[R.O. 2008 §560.210; Ord. No. 5430 §1, 6-25-1996]

A. Prior to the approval of the storm water management plan, the applicant shall submit to the Public Works Department 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 drainage system.

B. Bi-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 by the Director of Public Works or his/her designee.

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 Public Works Department before commencing any work to implement the storm water management plan.

E. The permittee shall provide an "as-built" plan certified by a registered professional (as outlined in Article II, Section 560.150) to be submitted upon completion of the storm water management facilities included in the storm water management plan. The registered professional shall certify that:

1. The facilities have been constructed as shown on the "as-built" plan; and

2. The facilities meet the approved storm water management plan and specification or achieves the function for which they were designed.

F. A final inspection shall be conducted by the Director of Public Works or his/her designee 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 Public Works Department shall maintain a file of inspection reports and provide copies of all inspection reports to the permittee that include the following: (See Exhibit J of this Ord. No. 5430 which is on file in the City offices).

1. The date and location of the site inspection.

2. Whether the approved plans have been properly implemented.

3. Any approved plan deficiencies and any actions taken.

H. The Director of Public Works will notify the person responsible for the land disturbing activity in writing when violations are observed describing the following:

1. Nature of the violation;

2. Required corrective actions;

3. The time period for violation correction.