(A) Maintenance plan and agreement.
(1) Every land development or construction activity that results in the construction of permanent stormwater management facilities, including but not limited to detention ponds, rain gardens, or any other facility intended to manage stormwater quality or quantity shall provide a permanent stormwater maintenance plan and agreement that provides for the perpetual care and maintenance of the stormwater management facilities for the development by an entity other than the City of Franklin and/or Simpson County. Such perpetual residential stormwater facility care will be in all instances the responsibility of the Homeowner's Association (see Appendix A for a definition).
(2) The maintenance plan and zgreement shall operate as a deed restriction binding on the current and all subsequent property owners and their lessees and assigns, including but not limited to homeowner associations or other groups or entities. A template for said agreement is to be provided to the Public Works Director.
(B) Master deed or covenants. All subdivisions required by the city zoning regulations to have a Homeowner's Association (HOA), as well as any subdivision electing to establish a HOA, shall include provisions in their Master Deed, or declaration of covenants, to provide for a sufficient level of funding to offset the reasonable and foreseeable costs of the perpetual maintenance of all drainage infrastructure within the subdivision.
(C) Utility and drainage easement. All stormwater infrastructure must be located completely within a public utility and drainage easement. Minimum total easement width is 20 feet. Deviations from this requirement may be requested in writing to the Planning Administrator. Easement widths must be large enough to accommodate infrastructure and maintenance needs. Drainage easements for all detention or retention facilities shall extend a minimum of 25 feet from the outer limits of the pond perimeter. Access to all such facilities must be clearly delineated on the construction plans and the recorded plat.
(Ord. 2022-007, passed 3-14-2022)