(A) Prior to the issuance of any building permit for which stormwater management is required, the Stormwater Management Office shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by a private stormwater management facility. The agreement shall describe the ESD practices and structural stormwater management measures used to satisfy §§ 155.025 through 155.027 and shall clearly identify the approved permit number. Additional development, redevelopment, or amendment to the approved stormwater management plan shall require subsequent execution of the agreement. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the Stormwater Management Office or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
(B) The agreement shall be recorded by the applicant and/or owner in the land records of the county.
(C) The agreement shall also provide that, if after notice by the Stormwater Management Office to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the Stormwater Management Office may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the county/municipality.
(Res. 2010-8, passed 6-15-2010)