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A. Site Design Feasibility. Storm water management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered are the following:

1. Topography;

2. Maximum drainage area;

3. Depth to water table;

4. Soils;

5. Slopes;

6. Terrain;

7. Head;

8. Location in relation to environmentally sensitive features or ultra-urban areas.

B. Conveyance Issues. All storm water management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction of flow velocities. This shall include, but not be limited to, the following:

1. Maximizing of flow paths from inflow points to outflow points.

2. Protection of inlet and outfall structures.

3. Elimination of erosive flow velocities.

4. Providing of under-drain systems, where applicable.

C. Landscaping Plans Required. All storm water management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation.

D. Maintenance Agreements. All storm water treatment practices on privately owned and operated facilities shall have an enforceable operation and maintenance agreement to ensure the system functions as designed.

1. This agreement shall include any and all maintenance easements required to access and inspect the storm water treatment practices and to perform routine maintenance as necessary to ensure proper functioning of the storm water treatment practice. The agreement shall include provisions allowing for access and inspections on a reasonable basis. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment practices shall be secured prior to issuance of any permits for land disturbance activities.

2. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the city engineer, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public health and safety, the city engineer shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have 30 days to effect maintenance and repair of the facility in an approved manner. After proper notice, the city engineer may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county. [Code 2000 § 9-3a-16].