Maintenance of stormwater drainage facilities and erosion and sediment control facilities located on private property shall be the responsibility of the owner of that property. Before a site development permit is obtained from the city, the applicant shall execute a “Stormwater Maintenance Agreement” with the city guaranteeing that the applicant and all future owners of the property will maintain its stormwater drainage system. The “Stormwater Drainage Maintenance Agreement” shall be in the form as provided for by the city. Such agreement shall be recorded with the Recorder of Deeds of Madison County.
(A) The maintenance agreement shall also specifically authorize representatives of the city to enter onto the property to inspect the drainage and erosion control system(s). The maintenance agreement shall also stipulate that if the Director of Public Works notifies the property owner in writing of maintenance problems which require correction, the property owner shall make such corrections within 30 calendar days of such notification.
(B) If corrections are not made within this time period, the city may have the necessary work completed and assess the cost to the property owner.
(C) The city has the option of requiring a bond to be filed by the property owner for maintenance of the stormwater drainage and erosion control system(s). If the City Engineer based on study determines a bond is desirable, he shall recommend a bond amount for consideration by the City Council. The City Council shall decide whether or not the bond and amount will be charged, and if the decision is affirmative, include by resolution this bond with the other assurances in the manner and form required by the Subdivision Code.
(Ord. 2017-03, passed 3-6-2017)