(a) Purpose of Maintenance Agreement. The purpose of the maintenance agreement is to provide the means and assurance that maintenance of storm water BMPs shall be undertaken.
(b) Maintenance Agreement Required.
(1) A maintenance agreement shall be submitted by the City of Davison for review by the City Manager or his or her designee for all development, and shall be subject to approval in accordance with storm water plan. A formal maintenance plan shall be included in the maintenance agreement.
(2) Maintenance agreements shall be approved by the City of Davison Council prior to final subdivision plat or condominium approval, as applicable, and prior to construction approval in other cases.
(3) A maintenance agreement is not required to be submitted to the City of Davison for Chapter 18 Drains that will be maintained by the Genesee County Drain Commission.
(c) Maintenance Agreement Provisions.
(1) The maintenance agreement shall include a plan for routine, emergency, and long-term maintenance of all storm water BMPs, with a detailed annual estimated budget for the initial three years, and a clear statement that only future maintenance activities in accordance with the maintenance agreement plan shall be permitted without the necessity of securing new permits. Written notice of the intent to proceed with maintenance shall be provided by the party responsible for maintenance to the City of Davison at least 14 days in advance of commencing work.
(2) The maintenance agreement shall be binding on all subsequent owners of land served by the storm water BMPs and shall be recorded in the office of the Genesee County Register of Deeds prior to the effectiveness of the approval of the City of Davison Council.
(3) If it has been found by the City of Davison Council, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance agreement as required hereunder, the City of Davison shall then be authorized, but not required, to hire an entity with qualifications and experience in the subject matter to undertake the monitoring and maintenance as so required, in which event the property owner shall be obligated to advance or reimburse payment (as determined by the City of Davison) for all costs and expenses associated with such monitoring and maintenance, together with a reasonable administrative fee. The maintenance agreement required under this chapter shall contain a provision spelling out this requirement and, if the applicant objects in any respect to such provision or the underlying rights and obligations, such objection shall be resolved prior to the commencement of construction of the proposed development on the property.
(Ord. 2015-01. Passed 1-26-15.)