(A) Any portion of the drainage system, including on-site and off-site storage facilities, that is constructed by the developer will be continuously maintained by the owner or subsequent owners through a homeowners association in title of the affected lands unless it is officially accepted by the city for maintenance. The developer shall cause the maintenance obligation to be inserted in the chain of title to the affected lands as a covenant running with the land in favor of the city. Detention and retention basins shall only be installed in common areas and shall be maintained by all owners or subsequent homeowners through a homeowners association in title on the affected areas with the cost of said maintenance done by all owners in the subdivision equally. In the event of a failure of the homeowners association, all homeowners within the subdivision shall be responsible for the cost of said maintenance equally.
(B) The need for maintenance can be minimized by designing low maintenance facilities. There are many design options which can result in nearly maintenance-free storm water control. Low maintenance is a priority in the design of all facilities.
(C) Multi-use facilities incorporating assets such as aesthetics and recreation can be incorporated with the design of these facilities.
(D) All facilities must be inspected and maintained by the homeowners association twice yearly on May 1 and again on November 1 and periodically throughout the year to ensure that the facilities are operational.
(Ord. 1-91, passed 1-7-1991; Ord. 30-2021, passed 6-7-2021)