(A) The municipality shall make the final determination as to the adequacy of ownership operation and maintenance provisions prior to final approval of the SWM site plan.
(B) The operation and maintenance plan shall be recorded as a restrictive covenant that runs with the land in perpetuity, and a reference to the plan, all easements (see § 53.081), and all operation and maintenance agreements (see § 53.082), including at a minimum the place, book and page where each is recorded, shall also be included on each deed.
(C) (1) Each SWM site plan shall contain provisions, which clearly set forth ownership, operation and maintenance responsibilities for all permanent stormwater management facilities.
(2) At a minimum, the provisions shall include:
(a) A description of the routine and periodical operation and maintenance activities that are necessary to ensure proper operation and function of the stormwater management facilities such as is required to meet the intent of the approved SWM site plan;
(b) Establishment of suitable easements as specified in § 53.081. The municipality, agents and employees shall have the right to enter easement areas where stormwater management and erosion and sediment control facilities are located for the purpose of inspecting said facilities; and
(c) Identification of the responsible party or entity for ownership and maintenance of community permanent stormwater management facilities. In meeting this requirement, the following priority for ownership is herein established.
1. As a first priority, ownership and maintenance of stormwater management facilities shall be the responsibility of a homeowners’ association. The municipality shall have complete discretion in determining whether or not the first priority can be achieved. The stated responsibilities of the homeowners’ association in terms of owning and maintaining the stormwater management facilities shall be submitted with final plans for determination of their adequacy and, upon their approval, shall be recorded with the approved subdivision and/or land development plan with the Recorder of Deeds of the county. In addition, the approved subdivision and/or land development plan and any deed written from said plan for a lot or lots shown therein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said homeowners’ association. As part of this ownership priority, in the event that both the owner of the property on which the facility is located and the homeowners’ association to pay such costs in full, the owners of each lot in the subdivision shall be responsible for their proportionate share of the operation and maintenance costs, which share shall be determined by the percentage each lot bears to the total number of lots in the subdivision. This priority shall not apply to minor subdivisions as defined in § 153.021 of the subdivision and land development ordinance (Chapter 153 of this code or ordinances), which shall be addressed pursuant to the terms of the second priority in division (C)(2)(c)2. below.
2. As a second priority, in the event that the first priority cannot be achieved, or for minor subdivisions, the stormwater management facilities shall be incorporated within individual lots so that respective lot owners will own and be responsible for maintenance in accordance with this section and the recorded deed restrictions, agreements and other related documents. In addition, a nonrefundable deposit in an amount to be set by the municipality shall be made by the developer for each stormwater management facility that is intended for ownership by the lot owner to cover the cost of inspections and necessary maintenance and repairs, except that the municipality can waive this deposit, and require that the developer create covenants to permit the municipality to place a lien on the residual tract of the subdivision as well as the lot on which the facility is located, in the event that a lot owner’s failure to maintain or repair the facility requires the municipality to maintain or repair it.
3. Municipal ownership: the municipality reserves the right to accept or reject the ownership, operation and maintenance responsibility for any or all of the stormwater management facilities.
(Ord. 2013-2, passed 10-7-2013)