Where maintenance is required, it shall be performed in accordance with the following general provisions, as well as any specific conditions that may be included with the SWM permit.
   (A)   All storm water management facilities and measures shall be maintained in accordance with permit conditions.
   (B)   The person(s) or organization(s) responsible for maintenance shall be designated in the storm water management plan or the permit application submitted to the agent. Options may include:
      (1)   The owner(s) of the property.
      (2)   Property owners association or other designated qualified party as determined by the agent, provided that provisions for financing necessary maintenance are included in deed restrictions or other contractual agreements.
   (C)   Maintenance agreements may be required by the agent when the average annual cost of maintenance is reasonably expected to exceed $500 per year and shall be required for all site condominium and subdivision plat proposals. When required, maintenance agreements shall specify responsibilities for financing maintenance and emergency repairs, including but not limited to the procedures specified in §§ 155.072 and 155.073 and §§ 155.085 through 155.087 of this chapter.
   (D)   The agent is not required to accept the applicant’s desired responsible party for maintenance purposes in a given situation. Natural features, proximity of site to lakes, streams and regulated wetlands, extent of impervious surfaces, size of the site and potential need for ongoing maintenance activities will be considered when making this decision, as well as the overall complexity of the storm water management facilities. Where deemed necessary by the agent, third party maintenance may be required for the adequate protection of sensitive sites, or complex storm water management facilities.
(Ord. 810, passed 11-18-2019)