All stormwater improvements must be maintained so they will continue to serve their intended functions.
(A) The developer must maintain stormwater improvements until accepted by a property owners association or lot owner. The developer must disclose which party will be responsible for continued maintenance on the record plat and on the stormwater management plan. The developer will be responsible for the installation, operations, and maintenance of the stormwater controls until ownership is conveyed. The responsibility and agreement for operations and maintenance for the stormwater system is transferred with title, as each property is conveyed.
(B) Before improvements are accepted for maintenance by the property owner’s association or lot owner, the developer or the developer’s engineer or landscape architect must certify to the property owners association or lot owner and to the county that improvements are complete and functioning as designed.
(C) The developer must record, and reference on the record plat, an operations and maintenance plan that instructs the property owners association or lot owner about the annual operations and maintenance tasks for at least a 20-year period.
(D) (1) The person responsible for maintenance of any stormwater structure or feature installed pursuant to this chapter shall submit to the Stormwater Administrator an inspection report annually from a qualified registered state professional engineer, surveyor, or landscape architect performing services only in their area of competence.
(2) The report shall contain the following:
(a) The name and address of the laud owner;
(b) The recorded book and page number of the lot of each stormwater control;
(c) A statement that an inspection was made of all stormwater controls and features;
(d) The date the inspection was made;
(e) A statement that all inspected controls and features are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this chapter; and
(f) The signature and seal of the engineer, surveyor, or landscape architect.
(3) All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as-built certification and each year thereafter on or before the date of the as-built certification.
(4) It will be the responsibility of the property owners association or lot owner to update the plan annually.
(E) The developer must record and reference on the record plat a maintenance agreement, or restrictive covenant that sets forth the property owner’s association’s or lot owner’s continuing responsibilities for maintenance, including specifying how cost will be apportioned among lot owners served.
(F) The maintenance agreement must provide that the association and its individual members are jointly and severably liable for maintenance.
(G) The developer must record easements for access, maintenance, and inspections by any property owners association and by county government.
(H) All maintenance documents required by this chapter must be submitted to the Stormwater Administrator before record plat approval, and such documents must be referenced on the record plat, or, in the case of single-lot developments not requiring record plats, documentation must be submitted to the Stormwater Administrator before building permit issuance.
(2013 Code, § 20-18)