(A) Any stormwater management facility or BMP which services individual property owners or subdivisions shall be privately owned. General routine maintenance (controlling vegetative growth and removing debris) shall be provided by the owner(s). The owner shall maintain a perpetual, non-exclusive easement that allows for access for inspection and emergency maintenance by the county. The county has the right, but not the duty, to enter premises for emergency repairs.
(B) Any stormwater management facility or BMP which services an individual subdivision in which the facility or BMP is within designated open areas or an amenity with an established homeowners association shall be privately owned and maintained consistent with provisions of this chapter. The owner shall maintain a perpetual, nonexclusive easement which allows for access for inspection and emergency maintenance by the county. The county has the right, but not the duty, to enter premises for emergency repairs.
(C) Any stormwater management facility or BMP which services commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows for access for inspection and emergency maintenance by the county. The county has the right, but not the duty, to enter premises for emergency repairs.
(D) All regional stormwater management control facilities proposed by the owners, if approved and accepted by the county for dedication as a public regional facility, shall be publicly owned and/or maintained.
(E) All other stormwater management control facilities and BMPs shall be privately owned and/or maintained unless accepted for maintenance by the county.
(F) The county may require dedication of privately owned stormwater facilities, which discharge to the county stormwater system.
(Ord. 2006-7, passed 5-18-2006)