A. Plans, Specifications Submitted: In all subdivisions approved by the city after May 18, 1993, in which subdrains are utilized for any reason, the subdivider shall submit plans and specifications of all proposed subdrains for review and approval by the city engineer prior to commencement of actual construction of any improvements within the subdivision. The plans and specifications shall meet the minimum requirements for design and construction of such drains, as specified by the city.
B. Construction; Inspection: Upon approval of any proposed subdrain plans by the city engineer, the subdivider shall construct the subdrain system in accordance with the approved plans and specifications. The city shall inspect such construction periodically during the course thereof to determine compliance with the plans, specifications and any applicable laws, rules and regulations of the city.
C. Maintenance: Upon final inspection and approval by the city engineer of the subdrain system, the owner (which may be a duly organized homeowners' association) shall thereafter maintain the subdivision subdrain system. The owner or homeowners' association shall provide for assessment of an annual fee on all property located within the subdivision in an amount sufficient to cover on site and off site maintenance of the subdrain system and related parts thereof serving the subdivision. The subdivider shall cause to be recorded protective covenants requiring owners to pay the assessment fees for each lot or parcel located within the subdivision, which covenants shall be deemed to run with the land and shall be binding upon all successors in interest and assigns of the subdivider. The maintenance assessments shall constitute a lien on each lot or parcel located within the subdivision and may be enforced in accordance with the terms of the protective covenants referred to hereinabove. (1994 Code)