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(A) Any stormwater management facility or BMP which services the following categories of property shall be privately owned:
(1) Single entity property;
(2) Individual residential subdivisions in which the facility or BMP is within designated open areas or serves as an amenity with an established homeowners association; and/or
(3) Commercial and industrial development.
(B) A single entity shall be defined as an association, public or private corporation, partnership, firm, trust, estate, or any other legal entity allowed to own real estate including an individual lot owner. The terms for management of these properties shall be in writing, shall be recorded and shall, in addition to any other terms deemed necessary by the city, contain a provision permitting the city’s inspection at any reasonable time of all facilities deemed critical to the public welfare. When a stormwater quality BMP serves more than one parcel, a home or property owners’ association or binding contract for the purpose of operation and maintenance is required.
(C) The funding mechanism shall be in a form approved by the city. In the event that proposed funding is through an owner’s association, then it must be demonstrated that the association may not dissolve unless long-term operation and maintenance activities are accepted by another entity with equivalent longevity and adequate funding. Furthermore, the owners association’s responsibility must be stated in the association’s declaration, covenants, or bylaws, as appropriate.
(D) General routine maintenance (controlling vegetative growth and removing debris) shall be provided by the owner(s) of any stormwater management facility or BMP. The owner shall maintain a perpetual, non-exclusive easement that allows access for inspection and emergency maintenance by the city. The city has the right, but not the duty, to enter premises for emergency repairs.
(Ord. 14-08, passed 9-3-2014) Penalty, see § 54.999