(a) In meeting maintenance requirements, the following priority is herein established:
(1) As a first priority, the storm water management facilities should be incorporated wholly within individual lots, tracts, parcels or sites, so that respective lot owners shall own and be responsible for maintenance of facilities in accordance with recorded deed restrictions binding the owner and his heirs and/or assigns to maintain the required facilities throughout the life of the use to which they are accessory.
(2) As a second priority, in the event the first priority cannot be achieved, ownership and maintenance of storm water management facilities should be the responsibility of a Home Owners Association. The stated responsibilities of the Home Owners Association in terms of owning and maintaining the storm water management facilities shall be submitted with Storm Water Management Plans for determination of their adequacy, and upon their approval, shall be recorded among the deed records of Jefferson County, Ohio. In addition, any deed written from a subdivision plat for a lot or lots shall contain a condition that it shall be mandatory for the owner or owners of such lot to be members of the Home Owners Association.
(3) The third priority, in the event the above priorities cannot be achieved, is to dedicate the storm water management facilities to the City, in accordance with established procedures. The City may accept only those storm water management facilities which are a part of the community's overall storm water collection system, and not those which are solely for the benefit of a particular site or development. As a condition of City acceptance of such facilities, the owner or person in control shall provide the City with financial security in an amount estimated by the City Engineer, to secure the structural integrity of storm water management facilities for a term not to exceed five years from the date of acceptance of dedication. The amount of such financial security shall not exceed ten percent (10%) of the actual cost of installation of such facilities.
(b) The failure of any person, owner of property, or organization in possession or control of any property to maintain storm water management facilities in accordance with the approved Storm Water Management Plan shall be considered a violation of these regulations.
(Ord. 1991-122. Passed 11-18-91.)