(A) Prior to the recordation of a final subdivision plat, or the issuance of a building permit where no subdivision is taking place, and for any development of property which will require stormwater management, an easement/maintenance agreement(s) necessary for perpetual maintenance of ESD treatment systems and structural BMPs shall be executed by all those having an interest in the property to be affected and shall be recorded among the land records.
(B) The easement/maintenance agreement shall be binding on all subsequent property owners. The easement/maintenance agreement shall:
(1) Provide for the creation of an easement for all ESD treatment systems and structural BMPs;
(2) Provide for the Division to have access for inspection and/or maintenance of the ESD treatment systems and structural BMPs;
(3) Specifically identify all lots or parcels that are benefitted by the ESD treatment systems and structural BMPs;
(4) Specify the party or entity (e.g. a property owners association) that is responsible for maintenance of ESD treatment systems and structural BMPs; and
(5) Provide that upon receipt of notice of any problems or deficiencies in the ESD treatment systems or structural BMPs the responsible party will correct problems as ordered by the Division. If the requested corrections are not made within 30 days, the Division may, at its option, perform all the necessary work to bring the ESD planning techniques and practices and structural BMPs into compliance with statutory requirements, and the owner of the land(s) upon which the facility is located and any benefitted property may be assessed for the cost of the work. If not paid within 30 days, the assessment shall create a lien on the property upon which the facility is located or any benefitted property and may be included in the tax bill and collected as taxes by the county.
(C) Satisfactory proof of the identities of all those having an interest in the encumbered and benefitted property shall be provided to the Division in a form acceptable to the office of the County Attorney.
(D) To the extent the county agrees to accept maintenance responsibility or ownership of ESD planning techniques and practices and structural BMPs, these facilities shall be maintained by an agency appointed by the county. The county reserves the right to set up storm drainage districts to pay for this service.
(Ord. 10-09-544, 5-20-2010; Ord. 14-23-678, 11-13-2014)