Any portion of the stormwater drainage system or special management area that is transferred to a homeowner's association the following requirements and details shall be adhered to:
A. Appropriate easements for ingress and egress to the designated stormwater drainage system or special management area shall be granted. This dedicated easement needs to be shown on the approved final plat for the development.
B. The final plat or annexation agreement shall contain details that clearly state the responsibilities and obligations for the homeowners' association and its successors. These responsibilities shall be included within the homeowners' association covenant and a copy of these covenants shall be included with the final plat or annexation agreement. Any amendments to these details shall be updated with the authority having jurisdiction and the administrator.
C. The final plat shall contain language that allows the entry of personnel representing the permitting authority to inspect components of the storm drainage system or special management areas and if needed perform any maintenance required in this section if the association does not properly perform that maintenance. If maintenance is required a lien will be filed against the land for the cost of the required maintenance.
D. The association shall be duly incorporated and a copy of the certification of incorporation shall be recorded along with the bylaws for the association. If there are any modifications to either of these documents, updated documents shall be provided to the administrator.
E. The bylaws of the association shall at a minimum in regard to stormwater, contain:
1. A provision acknowledging and accepting the association's obligation to maintain those portions of the stormwater drainage system and special management areas conveyed or otherwise transferred to it under this section 8-4-5;
2. A mechanism for imposing an assessment upon the owners of the lots within the development that will fund the maintenance of the stormwater drainage system or special management area and the payment of all taxes levied thereon;
3. A provision adopting the plan of long term maintenance set forth in the application for a stormwater management permit, with approved amendments;
4. A provision identifying the officer of the association who will be responsible for overseeing that all of the obligations imposed upon the association are complied with;
5. A provision requiring the consent of the permitting authority when any amendments are made to the bylaws required by this section 8-4-5; and
6. A provision that requires the consent of the permitting authority to the dissolution of the association.
F. Any conveyance or other instrument of transfer delivered under this section 8-4-5-12 and any subsequent conveyance shall include a covenant affirmatively imposing upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative acceptance thereof. (Ord. 2016-003, 3-8-2016)