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Where the subdivision contains sanitary sewer collection systems, water supply systems, park areas, storm drainage systems, road systems including private streets, or other facilities or services which are necessary to or desirable for the area, and which are of common use or benefit and which are not accepted for maintenance by an existing public agency, provisions shall be made by the developer for the proper, perpetual, and continuous maintenance, repair, and supervision of such common facilities. Such provision will consist of an agreement among the users of such services or in any other recordable document showing the parties have consented.
A copy of the agreement shall be provided to the city engineer for review and comment prior to approval of any plat. Such agreement shall include all applicable information below and must be recorded against all properties affected. Proof of filing must be provided prior to connection. Compliance with the terms of the maintenance agreement is enforceable between the parties to the agreement.
(a) Funding. Explanation of the means to fund maintenance, repair, and supervision of any common facilities not accepted for maintenance by a public agency (e.g., homeowner association dues, etc.).
(b) Supervision. Explanation of who will operate the facilities.
(c) Inspection. Consent for inspection of common facilities by the city. The city is not required to conduct routine inspections on private sewer and water facilities, but may inspect periodically to determine any impacts the facilities may have on the city’s public wastewater or water system and other similar matters.
(d) As-built plans. Provision for maintenance of as-built plans following initial construction and any changes thereafter. Such plans shall be maintained by the operator, owner, or other person listed in the agreement.
(e) Service log. Providing for a service log to be maintained by the operator, owner, or other person listed in the agreement. The service log should, for example, show the date and person(s) conducting maintenance and repairs of items covered by the agreement.
(f) Water maintenance and repair.
1. Acknowledgment the water supplied by items covered by the agreement will comply with the state Safe Drinking Water Act, including sampling and testing if required by state law.
2. Annual flushing and inspection of hydrants to ensure they are in working order.
(g) Sanitary sewer maintenance and repair.
1. Televising the sanitary sewer lines periodically at least every ten years to review and correct deficiencies and undertake repairs.
2. Jetting out the sanitary sewer lines at least once every five years.
(1992 Code, App. A, § 15A.08.080) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)