(a) Purpose of maintenance agreement. The purpose of the is to provide the means and assurance that maintenance of storm water BMPs be undertaken.
(b) Maintenance agreement required.
(1) A
be submitted to the city, for review by the City
and his or her designee and the City Attorney, for all development, and shall be subject to approval in accordance with
. A formal maintenance
shall be included in the
.
(2) Maintenance agreements
be approved by the City Council prior to final subdivision plat or condominium approval, as applicable, and prior to construction approval in other cases.
(3) A
is not required to be submitted to the city for Chapter 18 of the Drain Code of 1956, Public Act 40 of 1956, Chapter 18, M.C.L.A. §§ 280.421 et seq., that will be maintained by the Genesee County Drain Commissioner.
(C) Maintenance agreement provisions.
(1) The
include a
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
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 at least 14 days in advance of commencing work.
(2) The
be binding on all subsequent owners of
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 Council.
(3) If it has been found by the City Council, following notice and an opportunity to be heard by the
, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved
as required hereunder, the city
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
shall be obligated to advance or reimburse payment (as determined by the city) for all costs and expenses associated with such monitoring and maintenance, together with a reasonable administrative fee. The
required under this chapter shall contain a provision spelling out this requirement and, if the
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. 1411-04, passed 12-10-2014)