Stormwater Maintenance Agreement

View the Stormwater Maintenance Agreement

View our Stormwater Maintenance Agreement Template for tips on how to organize the Exhibits for your Stormwater Maintenance Agreement.

CODE REQUIREMENTS

Millcreek Municipal Code Title 17 requires a Stormwater Maintenance Agreement as described below:

17.22.050

G. The owner of property to be served by an on-site stormwater management facility shall execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners, agents and assigns. The maintenance agreement shall:
 

1. Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
2. Provide for a periodic inspection by the property owner for the purpose of documenting maintenance and repair needs and ensuring compliance with the purpose and requirements of this ordinance. The property owner shall cause this inspection to be conducted by a registered professional engineer licensed to practice in Utah who will submit a report, with his seal, of the inspection to the Public Works Director or designee. The maintenance agreement shall grant permission to the city to enter the property at reasonable times and inspect the stormwater facility to ensure it is being properly maintained.
3. Provide minimum maintenance and repair needs including, but are not limited to, the removal of silt, litter and other debris, the cutting of grass; grass cuttings, waste and vegetation removal; leave in replacement of landscape vegetation in detention and retention basins and inlets and drainage pipes and other stormwater facilities. The agreement shall also provide the property owner shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the BMP manual.
4. Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the Public Works Director or designee.
5. Provide if the property is not maintained or repaired within the prescribed schedule, the Public Works Director or designee shall perform the maintenance and repair at its expense, and bill the cost thereof to the property owner. The maintenance agreement shall also provide the Public Works Director or designee's cost of performing the maintenance shall be a lien against the property.

WHO NEEDS AN AGREEMENT

1. Any lot, or subdivision greater than or equal to one acre. 
2. Any lot, within a subdivision (greater than or equal to once acre), that has separate stormwater controls on their lot. 
3. Any lot, regardless of size, that has an underground stormwater retention/detention facility.  
4. Any lot, regardless of size, that is considered sensitive land or is adjacent to sensitive land.

HOW TO SUBMIT YOUR AGREEMENT

Use the below forms to create your maintenance agreement.  Submit to Aaron Roberts, ARoberts@Millcreek.us 801-214-2662, for review.  Once reviewed, originals will need to be notarized and brought or mailed to City Hall, 3330 South 1300 East, Millcreek, UT 84109.