(A) Stormwater facilities dedicated to the city:
(1) Dedication. The city shall have the discretion to require the dedication of any existing or future stormwater management facility, provided:
(a) Such facility(ies) meets the requirements of this chapter;
(b) Includes adequate and perpetual access and sufficient areas, by easement or otherwise, for inspection and regular maintenance;
(c) Shall meet the city's engineering standards and any other as applicable;
(d) Operation and maintenance of stormwater facilities within the city shall be in conformance with the requirements of the MS4 permit;
(e) The stormwater facility, easement, and/or land on which the facility is constructed shall be dedicated by recorded plat, easement, and/or deed; and
(f) All stormwater facilities shall be designed in accordance with City Engineering standards and specifications, such as:
1. Release rate no greater than 0.2 cfs/acre.
2. Low impact development requirements as applicable.
3. Eightieth percentile storm event.
4. Submission of as-built construction drawings.
(B) Stormwater facilities/infrastructure under private ownership and/or operation:
(1) All stormwater infrastructure located on private land or that is to be accessed through private land, must have easements for the purpose of access, inspection, maintenance, and repair. These easements must be binding on the current property owner and all subsequent owners, heirs and successors of the property and must be properly recorded in the land record.
(2) The city may enter all private properties through which the city holds an easement for the purposes of inspecting, observing, measuring, sampling, repairing, or maintaining any portion of the storm sewer facilities installed within the easement, or the performance of any other duties pertinent to the operation of the storm sewer system. All entry and subsequent work, if any, on an easement shall be completed according to any special terms of the easement.
(3) The responsibility for the maintenance and repair of stormwater facilities shall be assigned to the owner of the property upon which the facility is located and be recorded against the property by appropriate notation.
(4) Where stormwater infrastructure is not maintained or repaired within the prescribed schedule, the city may perform the maintenance and repair at its expense and bill the same to the property owner. In the event that payment is not made within 45 days, the city's cost of performing the maintenance shall be a lien against the property.
(Ord. 05-2024, passed 2-7-2024)