(A) Any storm water management facility or BMP which services individual property owners or subdivisions shall be privately owned. General routine maintenance (controlling vegetative growth and removing debris) shall be provided by the owner(s). The owner(s) shall maintain a perpetual, non-exclusive easement that allows access for inspection and emergency maintenance by the town. The town has the right, but not the duty, to enter premises for emergency repairs.
(B) Any storm water 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. The owner shall maintain a perpetual, nonexclusive easement which allows for access for inspection and emergency maintenance by the town. The town has the right, but not the duty, to enter premises for emergency repairs.
(C) Any storm water management facility or BMP which services commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows for access for inspection and emergency maintenance by the town. The town has the right, but not the duty, to enter premises for emergency repairs.
(D) All regional storm water management control facilities proposed by the owner(s), if approved and accepted by the town, shall, upon dedication as a public regional facility, be publicly owned and/or maintained.
(E) All other storm water management control facilities and BMPs shall be privately owned and/or maintained unless accepted for maintenance by the town.
(F) The town may require dedication of privately owned storm water facilities, which discharge to the town storm water system.
(Ord. G-12-02, passed 1-17-2012)