(A) Operation and stormwater maintenance agreements.
(1) The owner shall perform or cause to be performed preventative maintenance of all stormwater management facilities during and after construction to ensure proper functioning.
(2) All stormwater facilities shall be covered by a stormwater management facilities maintenance agreement to ensure the system functions as designed. This agreement shall include any and all drainage easements required to access and inspect the stormwater facilities. In addition, a legally binding and enforceable covenant specifying the party(ies) responsible for the proper maintenance of all stormwater facilities subject to the agreement shall be secured prior to the release of the soil and erosion control bond. This agreement shall be binding on all subsequent owners of land served by the stormwater facilities. It must be recorded with the County Clerk. Requirements of this agreement will be made part of the binding elements of any new major residential subdivision and also recorded on the record plat of the subdivision. The maintenance agreement shall run with the property and be binding upon the developer and its successors and assigns, including any homeowner associations. This agreement may not be amended or abrogated in part or whole, without the express written consent of the county.
(B) Stormwater maintenance easements.
(1) Maintenance easements rights are included within a drainage easement. The county must be granted the authority to conduct inspections of approved stormwater facilities on a routine basis, random basis, or based upon a complaint or notice of violation. All easements granted for long term maintenance shall be approved by the county and recorded in the office of the County Clerk.
(2) All effort must be made to keep all stormwater management facilities that benefit multiple property owners on property owned by a corporation or group such as a homeowners association and not a private individual.
(C) Maintenance and repair plan. Plan submittals for all stormwater management facilities shall include a written procedure for the minimum stormwater management facility maintenance requirements to ensure their continual proper functioning. These plans and procedures shall identify all parts and components of the facilities that require maintenance. This document will become part of the stormwater management facilities agreement.
(Ord. 16-830-348, passed 8-16-2016)