(A) Unless maintenance responsibility has been delegated to and accepted by another qualified entity under this section, the owner shall maintain that portion of a stormwater drainage system located upon his or her land. With the approval of the Administrator, the stormwater drainage system, or specified portions thereof, may be:
(1) Dedicated or otherwise transferred to and accepted by the permitting community or other public entity;
(2) Conveyed or otherwise transferred to and accepted by a homeowner’s association, or similar entity, the members of which are to be the owners of all of the lots or parcels comprising the development; or
(3) Conveyed to one or more persons or in one or more undivided interests to one or more persons.
(B) Except for those portions of a stormwater drainage system to be dedicated or otherwise transferred to the permitting authority or other public entity, included in the application for a stormwater permit shall be a plan for the long-term management, operation and maintenance of the stormwater drainage system and a description of the sources of funding therefore. Amendments to the plan must be approved by the Administrator.
(Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004)