(a) General Requirements. The construction plans for subdivisions constructed under the Subdivision Regulations for the City of Mount Vernon shall contain a comprehensive plan for the control of stormwater and sediment run-off, during construction and post-construction control of stormwater. These plans shall be included in the general construction plans for the subdivision and shall contain details and specifications for the installation of both temporary and permanent facilities.
Stormwater management plans for all subdivision projects must be reviewed by the City Engineer, prior to submission to the Municipal Planning Commission for final approval.
(b) Stormwater Management Plan. Stormwater management plans for subdivisions shall conform to the requirements of this Chapter, including an Operations and Maintenance Agreement. Included in the overall subdivision planning, will be provisions for access by public agencies to the stormwater management facilities, for purposes of management, repair, and/or replacement.
No modifications to the stormwater management plan shall be made, without the approval of the City Engineer.
(c) Stormwater Agreement. The developer/owner of each major subdivision constructed in City of Mount Vernon shall submit to the City, through the City Engineer, an agreement to construct all necessary stormwater management facilities, and to provide for their future maintenance, by assessment to all lots that lie within the subdivision. This agreement shall be on a form approved by the City Law Director, and signed by all persons having a vested interest in the
subdivision.
(d) Maintenance Fund. Upon completion of the work, or when suitable surety is established in accordance with the City of Mount Vernon Subdivision Regulations, the City Engineer will request a hearing before the Municipal Planning Commission, to establish procedures and assessments for the maintenance of the stormwater management facilities within the development.
Maintenance assessments will begin the year after acceptance of the subdivision, based upon an assessment schedule prepared by the City Engineer, and approved by the Municipal Planning Commission. All maintenance assessments will be paid into a stormwater conveyance system maintenance fund that is established for the sole benefit of the subdivision in question.
Annual inspections, as well as all necessary maintenance work, shall be performed by/or under the supervision of the City Engineer. All expenditures from the maintenance fund shall be approved by the City Engineer.
(e) Maintenance Fund Characteristics and Calculations. The maintenance funds are derived from an annual assessment levied against all owners of lots within the subdivision, and are accumulated until they are needed to perform maintenance, repair or replacement as the facilities age.
The amount of the maintenance fund is based on the original construction cost of the stormwater facilities in the subdivision. The maintenance fund may never have an unencumbered balance of more than twenty percent (20%) of the cost of original improvement, as adjusted to current costs. Once the fund has reached the twenty percent (20%) maximum, assessments will abate until such time as monies are withdrawn from the fund to maintain, repair, or replace some element of the stormwater management system. The annual assessment is determined by dividing the maximum maintenance fund balance by six (6) years. The entire maintenance fund amount is apportioned to the lots within the subdivision on a fair and equitable formula in order to establish the appropriate amount to be assessed to each property.
Upon special request, the rate of assessment may be partially abated over the initial five (5) year period following subdivision approval. This abatement is to allow developers time to sell individual lots without creating an undue strain on cash flow during the early phases of development. Beginning with the fifth year of the schedule, the assessment is collected at the full rate. Generally, using this assessment schedule where payments in the first five years are partially abated, it requires between nine (9) and ten (10) years to reach its maximum balance, provided no monies have been withdrawn, as indicated in Table 920.24.1. Requests for abatement must be presented to the Water and Wastewater Commission for consideration and dispensation.
Table 920.24.1 Assessment Schedule
Year | Typical Stormwater Maintenance Fund Assessment Schedule | Special Abated Stormwater Maintenance Fund Assessment Schedule |
Year 1 | 100% of Total Annual Assessment | 5% of Total Annual Assessment |
Year 2 | 100% of Total Annual Assessment | 5% of Total Annual Assessment |
Year 3 | 100% of Total Annual Assessment | 5% of Total Annual Assessment |
Year 4 | 100% of Total Annual Assessment | 10% of Total Annual Assessment |
Year 5 | 100% of Total Annual Assessment | 25% of Total Annual Assessment |
Year 6 | 100% of Total Annual Assessment | 50% of Total Annual Assessment |
Year 7 - 10 | 100% of Total Annual Assessment | 100% of Total Annual Assessment |
(Ord. 2019-35. Passed 11-12-19.)