(a) Maintenance Reponsibilities.
(1) The stormwater management plan for the site shall contain an operation and maintenance plan prepared by the developer and approved by the Municipal Engineer. The operations and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facility(ies).
(2) The stormwater management plan for the site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities, consistent with the following principles:
A. If a land development/alteration consists of structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Municipality, stormwater control facilities should also be dedicated to and maintained by the City.
B. If a development site is to be maintained in single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities should be the responsibility of the owner or private management entity.
(3) The governing body, upon recommendation of the City Engineer, shall make final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
(b) Maintenance Agreement for Privately Owned Facilities.
(1) Prior to final approval of the site's stormwater management plan, the property owner shall sign and record a maintenance agreement covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:
A. The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner.
B. The owner shall convey to the Municipality easements and or rights of way to assure access for periodic inspections by the Municipality and maintenance if required.
C. The owner shall keep on file with Municipality the name, address and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information will be submitted to the City within ten days of the change.
D. If the owner fails to maintain the stormwater control facilities following due notice by the City to correct the problem(s), the City may perform the necessary maintenance work or corrective work and the owner shall reimburse the City for all costs.
(2) Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the City Solicitor and governing body.
(c) Municipal Stormwater Maintenance Fund.
(1) Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
A. If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Municipality for a period of ten years, as estimated by the Municipal Engineer. After that period of time, inspections will be performed at the expense of the Municipality.
B. If the storage facility is to be owned and maintained by the Municipality, the deposit shall cover the estimated costs for maintenance and inspections for ten years.
C. The amount of the deposit to the Fund shall be converted to present worth of the annual series values. The City Engineer shall determine the present worth equivalents which shall be subject to the approval of the governing body. (The required deposit would be equal to an amount that with interest would generate sufficient income annually to pay the maintenance and inspection costs over ten years. If the estimated maintenance/inspection cost is five hundred dollars ($500.00) per year, instead of requiring a deposit of five thousand dollars ($5,000) ($500.00 x 10 years), the deposit would be reduced to three thousand, six hundred ninety dollars ($3,690) with the present worth approach, assuming a six percent annual interest rate and that the funds would be reduced to zero at the end of ten years.)
(2) If a storage facility is proposed that also serves as a recreation facility (e.g. a ballfield, a lake), the City may reduce or waive the amount of the Maintenance Fund deposit based upon the value of the land for public recreation purposes.
(3) If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the Maintenance Fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor.
(Ord. 14-91. Passed 8-28-91.)