A. Access to privately owned land for inspection and maintenance of site runoff storage facilities, compensatory storage facilities, major stormwater systems, and storm sewers covered by the certification shall be through a grant of easement in a form approved by the director or the administrator. Other instruments may be accepted by the director or administrator, provided that the access and maintenance rights granted runs with the land and survives title transfers.
B. Subdivision site runoff storage areas, compensatory storage facilities, major stormwater systems, and storm sewers not already located in dedicated rights of way or easements, shall be located either: 1) on a parcel granted or dedicated to, and accepted by, a public entity; or 2) on a parcel or parcels, conveyed by plat as undivided equal interests to each lot in the subdivision or otherwise conveyed or dedicated to conservation or land preservation entities approved by the director or the administrator.
C. When title to the land underlying site runoff storage areas and storm sewers is conveyed in undivided equal interests to the owner(s) of each of the lots within the subdivision the following apply:
1. A covenant shall appear on the face of the plat of subdivision, and on each deed conveying ownership of a subdivision lot, which states that title to such site runoff storage facilities and storm sewers shall be held in undivided equal interests by each lot owner within the subdivision; and
2. A covenant shall appear on the face of the plat of subdivision, and on each deed conveying ownership of the subdivision lots, which states that in the event the governmental unit having easement rights under subsection A of this section exercises its right to perform maintenance to such subdivision runoff storage facilities and storm sewers, that governmental unit may lien each lot within the subdivision for the costs of any maintenance work performed; and
3. An owners' association may be established to provide for the maintenance of the facilities, payment of property taxes, and the assessment and collection of owner dues or fees to fund said activities. Such associations shall be duly incorporated and the property owners' association's declaration of covenants and bylaws shall be recorded against the title for all lots in that subdivision; and
D. When title to the land underlying the site runoff storage areas and storm sewers are located on privately owned land not falling within the scope of subsection C of this section, the following shall apply:
1. The applicant shall reserve an easement for access for maintenance and inspection purposes to any governmental unit having drainage and/or stormwater management jurisdiction over the property; and
2. The applicant shall record a covenant against title stating that in the event the governmental unit having easement rights under subsection A of this section exercises its right to perform maintenance to site runoff storage facilities and storm sewers on that property, that governmental unit may lien the property for the costs of any maintenance work performed. (Ord. G-976, 7-24-2012; Ord. G-1003, 6-11-2013)