(A) (1) Any stormwater management facility or BMP which services individual property owners or subdivisions shall be privately owned.
(2) General routine maintenance (controlling vegetative growth and removing debris) shall be provided by the owner(s).
(3) The owner(s) shall maintain a perpetual, non-exclusive easement that allows 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) (1) 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 by the owner consistent with provisions of this chapter.
(2) The owner shall maintain a perpetual, non-exclusive 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) If a homeowners association was never developed or it has been dissolved, each individual homeowner is not released of his or her responsibility for the maintenance of the stormwater facility that serves the neighborhood. As a collective, the property owners within the subdivision may be assessed the expense to maintain and/or repair the stormwater facility, if necessary.
(D) Any stormwater management facility or BMP which services commercial and industrial developments shall be privately owned and maintained. The owner shall maintain a perpetual, non-exclusive 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.
(E) The county may inspect a privately owned stormwater management facility or BMP via the perpetual, non-exclusive easement. If a stormwater management facility or BMP is inaccessible, the county will provide the owner with a notice requesting access to the site within seven days.
(F) All regional stormwater management control facilities proposed by the owner(s), if approved and accepted by the county, shall, upon dedication as a public regional facility, be publicly owned and/or maintained.
(G) All other stormwater management control facilities and BMPs shall be privately owned and/or maintained, unless accepted for maintenance by the county.
(H) The county may require dedication of privately owned stormwater facilities which discharge to the county’s stormwater system.
(Ord. 2019-25, passed 10-15-2019)