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<br />(2) Applicability. Operation and maintenance standards apply to all facilities <br />designed and constructed in accordance with EC 9.6792 through EC 9.6795 <br />and the Stormwater Management Manual. <br />(3) Standards. <br />(a) Unless the city accepts the responsibility to operate and maintain a <br />stormwater facility, all stormwater management facilities shall be <br />privately operated and maintained. <br />(b) All stormwater facilities shall be operated and maintained in accordance <br />with EC Chapters 6 and 7, and the Stormwater Management Manual. <br />(c) Privately maintained facilities. Applications proposing private operation <br />and maintenance of all or part of the stormwater facility shall include an <br />Operations and Maintenance Plan in accordance with the forms <br />adopted as a part of the Stormwater Management Manual. <br />(d) Publicly maintained facilities. Applications proposing city operation and <br />maintenance of all or part of the stormwater facility shall include an <br />Operations and Maintenance Agreement in accordance with the facility <br />agreements adopted as a part of the Stormwater Management Manual. <br />(4) City Maintenance. <br />(a) If the conditions of EC 9.6797(4)(b) are satisfied, the city will accept <br />functional maintenance responsibility of the following facilities: <br />1. A facility designed and constructed to provide treatment solely for <br />runoff from the public right-of-way; <br />2. A facility designed and constructed to provide treatment solely for <br />runoff from 4 or more one and two family residential properties that <br />are not under common ownership; <br />3. A facility designed and constructed to provide treatment solely for <br />runoff that is a combination of one and two family residential <br />properties not under common ownership and the public right-of-way. <br />(b) The city will accept functional maintenance responsibility of a facility <br />listed in EC 9.6797(4)(a) if all of the following conditions are met: <br />1. The city has approved the dedication of the easement or public way <br />to the city the property on which the facility is located or the city has <br />approved plans allowing the facility to be placed within the public <br />right-of-way; and <br />2. The city has approved plans dedicating the drainage system <br />conveying runoff from the residential properties to the stormwater <br />facility as a public drainage system; and <br />3. The stormwater facility access routes have been located within a <br />dedicated public easement on private or commonly held property, <br />within the public right-of-way or on city owned property; and <br />4. Sufficient easement area, right-of-way width or property have been <br />provided to accommodate the construction and maintenance of all <br />existing and proposed utilities and public infrastructure; and <br />5. The facility is designed and constructed in accordance with the city's <br />Stormwater Management Manual; and <br />6. Access to the proposed facility allows maintenance to be performed <br />using city owned maintenance equipment; and <br />7. As-construct plans of the drainage system shall be submitted <br />designating all facilities that are proposed for public maintenance <br />within 30 days of the city accepting maintenance responsibilities; <br />and <br /> <br />Ordinance - 10 <br />