(A) Applicability of requirements. The requirements of this section concerning storm water easements and maintenance agreements shall apply to all persons required to submit a drainage plan to the city for review and approval.
(B) Storm water management easements. The property owner shall provide all storm water management easements necessary to implement the approved drainage plan and to otherwise comply with this chapter in form and substance required by the city and shall record such easements as directed by the city. The easements shall assure access for proper inspection and maintenance of storm water management facilities and shall provide adequate emergency overland flow-ways.
(C) Maintenance agreements.
(1) Maintenance agreement required. The developer shall provide all storm water maintenance agreements necessary to implement the approved drainage plan and to otherwise comply with this chapter in form and substance as required by the city and shall record such agreements as directed by the city. The maintenance agreements shall, among other matters, assure access for proper inspection and maintenance or corrective actions of storm water CMPs, including emergency overland flow-ways, and include provisions for tracking the transfer of operation and maintenance responsibility to ensure the performance standards are met in perpetuity.
(2) Maintenance agreement provisions. The maintenance agreement shall include a maintenance plan and schedule for routine, emergency and long-term maintenance of all structural and vegetative storm water BMPs installed and implemented to meet the performance standards, 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.
(b) If it has been found by the city, 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 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 required, in which event the property owner shall be obligated to advance or reimburse payment for all costs and expense 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 the requirements 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 of the property.
(D) Establishment of county drains. Prior to final approval of a platted subdivision, all storm water management facilities for platted subdivisions shall be established as county drains, as authorized in Section 433, Ordinance 18 of the Michigan Drain Code (P.A. 40 of 1956, as amended) for long-term maintenance.
(Prior Code, § 2.186) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)