A SWQMP may not be closed until a long-term operation and maintenance agreement has been accepted by the county.
(A) Long-term operation and maintenance agreement. Long-term operation and maintenance agreements shall include a maintenance plan for all stormwater quality BMPs in new development or redevelopment that require more than general maintenance (e.g., periodic mowing).
(1) The plan will be developed to ensure that the stormwater quality BMPs are kept functional. The maintenance agreement will specify minimum operation and maintenance requirements and intervals to be performed by the property owner.
(2) The plan shall address schedules for inspections and techniques for operation and maintenance, including: vegetation clearing or mowing; and removing accumulated trash, debris, sediment pollutants, and other forms of pollution.
(3) The agreement shall be noted on the final plat with the appropriate notation on the particular lot(s).
(4) The agreement shall be recorded so as to be binding on the owner, he, she, or its administrators, executors, assigns, heirs, and any other successors in interest.
(5) A suggested format for the long-term operation and maintenance agreement is included in Appendix A.
(6) Provisions shall be made to assure that water detention and retention facilities do not become nuisances or health hazards. Detention and retention facilities should be designed to require minimal maintenance, and maintenance expectations must be clearly stated in a long-term operation and maintenance agreement.
(7) When a stormwater quality BMP serves more than one parcel, an owners association or binding contract for the purpose of operation and maintenance is required. The owners association shall be responsible for operation and maintenance, as directed by this chapter.
(8) The maintenance responsibilities for permanent stormwater quality BMPs shall be determined based upon the type of ownership of the property which is controlled by the facilities.
(9) Where the permanent stormwater runoff control facilities are designed to manage runoff from property in single entity ownership, the maintenance responsibility for the stormwater control facilities shall be with the single entity owner.
(a) 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, exclusive of individual lot owner.
(b) The stated responsibilities of the entity shall be documented in the form of a long-term operation and maintenance agreement terms, including ownership, operation, and maintenance of the facilities, shall be submitted with an application for a SWQMP, so as to permit a determination of adequacy. Approval of a SWQMP shall be conditioned upon the approval of the agreement, which shall be in writing and recordable form, and shall, in addition to any other terms deemed necessary by the county, contain a provision permitting inspection of all facilities at any reasonable time by the county.
(c) As a condition for approval of the stormwater quality BMPs by the county, the facility owner(s) shall demonstrate the ability to guarantee and apply the financial resources necessary for long-term maintenance requirements. The county will accept a funding mechanism for long-term maintenance responsibilities only if same can be demonstrated to be permanent or transferable to another entity with equivalent longevity.
(d) In the event that proposed funding is through an owners association, it must be demonstrated that the association may not be dissolved unless long-term operation and maintenance activities are accepted by another entity with equivalent longevity and adequate funding.
(e) Furthermore, the owners association’s responsibility must be stated in the association’s declaration, covenants, or by-laws, as appropriate.
(f) Unless made specifically clear in the preliminary stages of the site design and construction plan review procedure, it will be assumed that all stormwater detention, retention, treatment, or storage facilities and/or devices shall be owned, operated, and maintained by a single entity, as defined above.
(g) 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.
(B) County ownership. Where the county has accepted an offer of dedication of permanent stormwater quality BMPs, the county shall be responsible for operation and maintenance.
(C) Maintenance bond. The county may require the posting of a maintenance bond to secure the structural integrity of said facilities, as well as the functioning of said facilities in accordance with the approved SWQMP for a term of 18 months from the date of acceptance of dedication. The county may approve a cash contribution in lieu of a maintenance bond; provided that the contribution be approximately equivalent to the amount that would be estimated for such bond.
(D) Claims against the county.
(1) In the event a claim is asserted against the county, its agents, or employees for the construction, presence, existence, operation, or maintenance of the stormwater quality best management practices by the owner, the county shall notify the owner and the owner shall defend, at its own expense, any suit based on such claim.
(2) If any judgment or claims against the county, its agents, or employees shall be allowed, the owner shall pay all costs and expenses in connection therewith.
(E) Record. This agreement, as attached by the SWPPP and long-term operation and maintenance agreement, shall be recorded among the land records of the county, and shall constitute a covenant running with the land, and shall be binding on the owner, its administrators, executors, assigns, heirs, and any other successors in interest.
(Ord. 2019-25, passed 10-15-2019)