(A) After the approval of the stormwater management permit by the Boone County Drainage Board and/or Boone County Surveyor and the commencement of construction activities, the Boone County Drainage Board and/or Boone County Surveyor has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this chapter, the Stormwater Technical Standards Manual, and the terms and conditions of the approved permit.
(B) Stormwater detention/retention basins and post-construction stormwater BMPs may be donated to the Boone County Drainage Board and/or Boone County Surveyor or other unit of government designated by the Boone County Drainage Board and/or Boone County Surveyor, for ownership and permanent maintenance providing the Boone County Drainage Board and/or Boone County Surveyor or other governmental unit is willing to accept responsibility.
(C) The Boone County Drainage Board and/or Boone County Surveyor also has the authority to perform long-term, post-construction inspection of all public or privately owned stormwater quality facilities. The inspection will cover physical conditions, available water quality storage capacity and the operational condition of key facility elements. Noted deficiencies and recommended corrective action will be included in an inspection report.
(D) Post construction stormwater facilities shall be maintained in good condition, in accordance with the Stormwater Management Practices Maintenance Agreement prepared and recorded for the project as well as operation and maintenance procedures and schedules listed in the Boone County Stormwater Technical Standards Manual, and the terms and conditions of the approved stormwater permit, and shall not be subsequently altered, revised, or replaced except in accordance with the approved stormwater permit, or in accordance with accepted amendments or revisions in the permit. In the event the property owner or the homeowners association fails to exercise its obligation, the Boone County Drainage Board may perform the required maintenance and shall have the right to assess each lot in the subdivision a proportionate amount of the associated costs. If necessary, a notice of lien shall be filed against the affected lots. The lien shall be enforced in the same manner as a mortgage lien under Indiana law and, therefore, shall include reimbursement of attorney's fees, title expenses, interest, and costs of collection.
(Ord. 2015-01, passed 1-20-2015)