(A) The installed stormwater system shall be properly maintained and operated by the legal entity responsible for maintenance in order to achieve compliance with the conditions outlined in this chapter. All stormwater management plan applications shall contain documentation sufficient to demonstrate that the operation and maintenance entity is the legal entity empowered and obligated to perpetually maintain the stormwater management facilities. Details of this documentation, including maintenance responsibilities and agreements, shall be included in the notes section of development plans and where applicable on the final plats. Final plats shall be recorded in Delaware, Franklin, or Union County at no expense to the city and shall constitute a covenant running with the land and shall be binding on the legal entity responsible for maintenance. Where final plats are not recorded, stormwater management plan and development plan documentation regarding obligations to perpetually maintain stormwater management facilities shall be maintained by the City Engineer. The city considers the following entities acceptable to operate and maintain stormwater management facilities:
(1) Local governmental units, including the county, municipalities, or Municipal Service Taxing Units.
(2) Non-profit corporations, including homeowners associations, property owners associations or condominium owners associations, under certain conditions which ensure that the corporation has the financial, legal, and administrative capability to provide for the long-term operation and maintenance of the facilities.
(3) The property owner or developer is normally not acceptable as a responsible entity, especially when the property is to be sold to various third parties. However, the property owner or developer may be acceptable under one of the following circumstances provided the maintenance requirements are described in a document that has been submitted to the city:
(a) The property is wholly owned by said applicant and the ownership is intended to be retained. This would apply to a farm, corporate office, or single industrial facility, for example.
(b) The ownership of the property is retained by the applicant and is either leased to third parties (such as in some shopping centers), or rented to third parties (such as in some mobile home parks), for example.
(B) The stormwater management system shall be maintained by the legal entity. Public improvements shall have adequate easements, in accordance with § 53.100, to permit the city to inspect, and if necessary, to take corrective action should the legal entity fail to maintain the system properly. The city maintains the right to assess costs of labor and materials for such corrective action to the responsible party in accordance with usual and customary costs in place at the time of action.
(C) Maintenance of stormwater facilities shall allow the stormwater management system to perform as originally designed and permitted by the city and other appropriate governmental agencies and as set forth in the written plan.
(D) Maintenance shall include compliance with city building and construction codes, and all other applicable codes.
(Ord. 48-05, passed 9-6-05; Am. Ord. 86-14, passed 9-8-14) Penalty, see § 53.999