Sec. 26-190.  Post-Construction.

 

(a)  Post-construction requirement of permanent best management practices:

 

(i)        Land development that meets the requirements of Section 26-186 and 26-187 must address storm water runoff quality through the use of permanent best management practices.  Permanent best management practices shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.

 

(ii)        Structural best management practices located on private property shall be owned and operated by the owner(s) of the property on which the best management practice is located; unless the city agrees in writing that a person or entity other than the owner shall own or operate said best management practice.  As a condition of approval of the best management practice, the owner shall also agree to maintain the best management practice in perpetuity to its design capacity unless, or until, the city shall relieve the property owner of that responsibility in writing.  The obligation to maintain the best management practice shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the city.

 

(b)       Certification of permanent best management practices:

 

(i)        Plan submittal must be made by a Nebraska Registered Professional Engineer.

 

(ii)       Upon completion of a project, and before a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved Final Storm Water Plan.  All applicants are required to submit "as built" plans for any permanent best management practices once final construction is completed and must be certified by a professional engineer licensed in the State of Nebraska.  A final inspection by the city of all Post-construction best management practices shall be required before a Certificate of Occupancy will be issued or any public infrastructure is accepted.

 

(c)       Ongoing inspection and maintenance of permanent best management practices:

 

(i)        The owner of site must, unless an on-site storm water management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement, that shall be binding on all subsequent owners of the permanent best management practices.

 

(ii)        Permanent best management practices included in a Final Storm Water Plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this Ordinance. 

 

Source:  Ord. No. 5086, 1, 8-3-09; Ord. No. 5237, 1, 12-3-12