(A) Petition for acceptance. Upon petition made to the Woodford County Road Engineer for acceptance by the Woodford County Fiscal Court of the existing storm water detention/retention areas, which petition must be signed by 50% or more of all individual lot owners having a maintenance or ownership interest in and to the storm water detention/retention area, the County Road Engineer shall prepare a report to the county setting forth his recommendations regarding whether such subject area should be accepted by the county. In making his recommendations, the County Road Engineer shall address the following:
(1) That 50% or more of all individual lot owners having ownership control of, or maintenance responsibilities for the subject area have signed the petition. The County Road Engineer shall be assisted in such determination by the Woodford County Attorney and the Property Valuation Administrator, who shall be asked to examine the petition and certify that the necessary percentage of signatures are located thereon.
(2) A deed of conveyance shall be prepared, which shall convey to the county fee simple ownership in the area, which deed shall be prepared at the sole cost and expense of those conveying the ownership interest, including filing fees. In the event that actual ownership of the area is vested by an undivided interest in and to each lot owner in the subdivision or residential area, then all such parties shall be required to execute the deed of conveyance in order that such fee simple ownership is conveyed with good and merchantable title, which deed shall further contain an acknowledgment that a financial obligation shall be imposed upon the individual owners in the form of a maintenance fee imposed by the county, and which shall state that this obligation shall continue to bind their heirs, successors, and assigns. The conveyance of deed shall also state that in the event the individual lots or residential subdivision serviced by the area is annexed by the City of Versailles, City of Midway, or other municipality, ownership of the area shall immediately transfer to the municipality annexing; or in the event that the municipality refuses to accept such transfer, ownership of the area shall then immediately revert back to those making the conveyance to the county, or to their heirs, successors, and assigns.
(3) The area shall have access for ingress and egress to a public road, which access shall remain open and unobstructed at all times so as to allow for vehicular traffic and other access as may be necessary in order for the area to be maintained by the county.
(4) No portion of the area to be conveyed shall be located within the boundary of an individual residential lot.
(5) Prior to making his recommendation, the County Road Engineer shall have inspected the area and shall have determined that same is constructed properly so that it may be maintained as required, and further, that all structures located within the area are in good working condition at the time deed transfer to the county occurs.
(B) Acceptance and transfer to the county. Upon transfer by deed to the county of the area to be maintained, the county shall assume the responsibility of all maintenance of the area, and the county shall then effectively pro-rate the cost of the continued maintenance of the area among all individual lot owners whose lots are located in the vicinity of, and are serviced by, the storm water detention/retention area. However, rather than bill all of the individual lot owners, the sum total cost shall be billed annually to the impacted Home Owners’ Association (HOA), and/or Neighborhood Association (NA). The HOA or NA shall then remit payment to the county from its association account, which account is anticipated to have been funded at least in part with dues or assessments from the lot owners in that particular association earmarked for this maintenance. The county’s annual fee shall be adjusted each year to reflect the actual costs incurred by the county for the previous fiscal year.
(Ord. 2017-12, passed 11-14-2017)