(A) Any stormwater management facility or BMP which services individual property owners shall be privately owned. General routine maintenance (controlling vegetative growth and removing debris) shall be provided by the owner(s). The owner shall maintain a perpetual, non-exclusive easement that allows for access for inspection and emergency maintenance by the city. The city has the right, but not the duty, to enter premises for emergency repairs.
(B) Any stormwater management facility or BMP which services an individual residential subdivision in which the facility or BMP is within designated open areas or serves as an amenity with an established homeowners association shall be privately owned and maintained consistent with provisions of this subchapter. The owner shall maintain a perpetual, nonexclusive easement which allows access for inspection and emergency maintenance by the city. The city has the right, but not the duty, to enter premises for emergency repairs.
(C) Any stormwater management facility or BMP which services commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows access for inspection and emergency maintenance by the city. The city has the right, but not the duty, to enter premises for emergency repairs.
(D) All regional stormwater management control facilities proposed by the owners, if approved and accepted by the city for dedication as a public regional facility, shall be publicly owned and/or maintained. All other stormwater management control facilities and BMPs shall be privately owned and/or maintained unless accepted for maintenance by the city.
(E) The city may require dedication of privately-owned stormwater facilities, which discharge to the city stormwater system. This shall be at the approval of the Stormwater Board and Common Council.
(Ord. G-06-12, passed 4-20-2006)