(A) The SWM Site Plan and Report for the project site shall describe the future operation and maintenance responsibilities. The operation and maintenance description shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the stormwater control facilities.
(B) The SWM Site Plan and Report for the project site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, consistent with the following principles.
(1) If a development consists of structures or lots that are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the city, stormwater control facilities/BMPs may also be dedicated to and maintained by the city.
(2) If a development site is to be maintained in a single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities/BMPs shall be the responsibility of the owner or private management entity.
(3) Facilities, areas or structures used as stormwater BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or easements that run with the land.
(4) The SWM Site Plan and Report shall be recorded as a restrictive deed covenant that runs with the land.
(5) The city may take enforcement actions against an applicant for failure to satisfy any provision of this chapter.
(C) The city, upon recommendation of the City Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the SWM Site Plan and Report. The city may require a dedication of such facilities as part of the requirements for approval of the SWM Site Plan. Such a requirement is not an indication that the municipality will accept the facilities. The municipality reserves the right to accept or reject the ownership and operating responsibility for any portion of the stormwater management controls.
(D) If the city accepts ownership of stormwater BMPs, the city may, at its discretion, require a fee from the applicant to the municipality to offset the future cost of inspections, operations, and maintenance.
(E) It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved SWM Site Plan, or to allow the property to remain in a condition, which does not conform to an approved SWM Site Plan, unless the city grants an exception in writing.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999