(1) The subdivider shall be responsible for the maintenance of all detention and retention facilities during construction. After construction, the owner of the real estate shall be responsible for the maintenance of all detention and retention facilities.
(2) Assignment of the responsibility for maintaining a detention or retention facility which serves more than one lot or land holding shall be permitted only where:
(a) Such assignment of maintenance responsibility for the detention or retention facilities has been documented by properly executed and recorded covenants or deed restrictions; or
(b) A public body is informed of the desire to have public maintenance of the detention or retention facilities at the time of filing for primary plat approval, the final drainage plans are approved by such public body prior to construction, and the public body formally accepts the maintenance responsibility for the detention or retention facilities.
(Ord. 22-97, passed - -1997; Ord. 4-2000, passed - -2000)