(a) (1) For new stormwater drainage facilities and control structures (e.g. detention basins, bioretention cells, underground detention, or any other stormwater control measure that provides stormwater runoff control of peak discharge and/or EPA mandates such as water quality volume) that are of a permanent nature and constructed after September 3, 2022, the property owner shall assume full responsibility for the stormwater drainage facilities and control structures located within the corporation limits during construction and once they have been constructed and accepted by the city. Long-term maintenance planning shall be incorporated into the design of the stormwater facility and shall include unobstructed access to the stormwater facility as well as 20-feet minimum (or as approved by the City Engineer) being unobstructed and reserved around the entire stormwater facility for long-term maintenance operations.
(2) Prior to obtaining approval to begin construction, an Inspection and Maintenance Agreement for Stormwater Control Measures shall be executed between the property owner and city. Said agreement template shall be provided by the Director of Public Service. Prior to obtaining final project acceptance from the city, the property owner shall provide a certified as-built survey (by a registered surveyor) in accordance with the inspection and maintenance agreement for stormwater control measures.
(3) Funding for the maintenance of these stormwater facilities shall be by the property owner(s). When stormwater facilities are shared between multiple property owners (e.g. subdivision), facilities shall be located on a dedicated parcel that is owned by an association of homeowners whom shall be responsible for the maintenance and associated funding for the stormwater facility. Long-term maintenance planning shall be incorporated into the design of the stormwater facility and shall include a 20-feet minimum width unobstructed access route to the stormwater facility with 20-feet minimum (or as approved by the City Engineer) being unobstructed and reserved around the entire stormwater facility for long-term maintenance operations within the dedicated parcel.
(4) The maintenance of drainage features, such as swales and the like, on individual parcels or lots in new subdivisions, shall be the responsibility of the individual parcel or lot owners. The city will require all of these stormwater drainage facilities and control structures to be designed to minimize maintenance costs.
(b) For existing stormwater drainage facilities and control structures (e.g. detention basins, bioretention cells, underground detention, or any other stormwater control measure that provides stormwater runoff control of peak discharge and/or EPA mandates such as water quality volume) that are of a permanent nature and constructed before September 3, 2022, the city may assume responsibility for the structures located within the corporation limits once they have been constructed and accepted by the city. Funding for the maintenance of these major facilities may be by assessment of property owners in accordance with the Charter of the City of Shelby. Alternatively, the property owners may address the necessary maintenance with their own funds and/or means. The maintenance of minor detention areas, such as swales and the like, on individual parcels or lots in new subdivisions, shall be the responsibility of the individual parcel or lot owners. Special provisions shall be written into the deeds for the individual parcels, or lots in new subdivisions, so that the owners are aware that the parcels or lots are used for temporary stormwater storage. The city will require all of these stormwater drainage facilities and control structures to be designed to minimize maintenance costs. The property owner or owners shall provide all necessary easements and rights-of-way to the city in order to permit the maintenance and repair of the required stormwater drainage facilities and control structures.
(Ord. 23-86, passed 10-6-1986; Ord. 8-2022, passed 7-5-2022)