A. Permit Requirement Conformance: Operation and maintenance of stormwater facilities within the City shall be in conformance with the requirements of the MS4 permit.
B. Stormwater Infrastructure On Private Land: All stormwater infrastructure located on private land or that is to be accessed through private land, must have access easements for the purpose of inspection and repair. These easements must be binding on the current property owner and all subsequent owners, heirs and successors of the property and must be properly recorded in the land record.
C. Privately Owned Stormwater Infrastructure:
1. Where the City chooses to not inspect, operate or maintain stormwater infrastructure, responsibility for the maintenance and repair of stormwater facilities shall be assigned to the owner of the property upon which the facility is located and be recorded against the property by appropriate notation.
2. Where stormwater infrastructure is not maintained or repaired within the prescribed schedule, the City shall perform the maintenance and repair at its expense, and bill the same to the property owner. In the event that payment is not made, the City's cost of performing the maintenance shall be a lien against the property.
D. Maintenance Easements: The applicant shall ensure access to the site for the purpose of inspection and repair by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners, heirs and successors of the property and must be properly recorded in the land record.
E. Maintenance Agreement: The owner of property to be served by an on-site stormwater management facility shall execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners, heirs and successors. The maintenance agreement shall:
1. Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation;
2. Provide for annual inspection by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The property owner will arrange for this inspection to be conducted by a registered stormwater inspector or registered professional engineer licensed to practice in the State of Utah who will submit a sealed report of the inspection to the City;
3. Provide that maintenance needs shall be addressed in a timely manner, on a schedule to be approved by the City; and
4. Provide that if the property is not maintained or repaired within the prescribed schedule, the City shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the City's cost of performing the maintenance shall be a lien against the property.
F. Dedication: The City shall have the discretion to accept the dedication of any existing or future stormwater management facility, provided such facility meets the requirements of this chapter, and includes adequate and perpetual access and sufficient areas, by easement or otherwise, for inspection and regular maintenance. Any stormwater facility accepted by the City shall also meet the City's construction standards and any other standards and specifications that apply to the particular stormwater facility in question. (Ord. 99-2018, 11-13-2018)