(a) Purpose of maintenance agreement. The purpose of the maintenance agreement is to provide the means and assurance that maintenance of stormwater BMPs shall be undertaken.
(b) Responsible party.
(1) The responsible party named in the recorded stormwater maintenance agreement shall maintain in good condition and promptly repair and restore all structural and non-structural stormwater BMPs and all necessary access routes and appurtenances. Such repairs or restoration and maintenance shall be in accordance with the approved storm water management design plan, the stormwater maintenance agreement, and the stormwater maintenance plan.
(2) The responsible party shall make records of installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the city during inspection of the practice and at other reasonable times upon request.
(c) Maintenance agreement required.
(1) A maintenance agreement shall be submitted to the city, for review by the public works director and his/her designee and the city attorney, for all development, and shall be subject to approval in accordance with the stormwater plan. A formal maintenance plan shall be included in the maintenance agreement.
(2) Maintenance agreements shall be approved by the city manager 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 for drains that will be maintained by the county drain commissioner.
(d) Maintenance agreement provisions.
(1) The maintenance agreement shall include a plan for routine, emergency, and long-term maintenance of all stormwater BMPs, with a detailed annual estimated budget for the initial three years, and a clear statement that, except for maintenance required as a result of an emergency, 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 non-routine maintenance shall be provided by the party responsible for maintenance to the department of public works at least 14 days in advance of commencing work. The property owner shall give the city a certification annually that the required maintenance has been completed.
(2) The maintenance agreement shall be binding on all subsequent owners of land served by the stormwater BMPs and shall be recorded in the office of the county register of deeds prior to the effectiveness of the approval of the city manager.
(3) If it has been found by the city manager, 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 public works director 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) for all costs and expenses associated with such monitoring and maintenance, together with reasonable administrative fees. 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. No. 203, 10-17-2016; Ord. 222, § 25, 12-3-2018)