§ 6C-13. Long-term maintenance of permanent stormwater facilities.

(a)

The county shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded (maintenance agreement) in the local land records prior to general permit termination or earlier as required by the county and shall at a minimum:

(1)

Be submitted to the county for review and approval prior to the approval of the stormwater management plan;

(2)

Be stated to run with the land and be recorded with the deed:

a.

Subsequent owners are responsible for continuing the maintenance per the approved maintenance agreement.

b.

Maintenance agreements are a living document to be carried out in perpetuity.

(3)

Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;

(4)

Provide for inspections and maintenance and the submission of inspection and maintenance reports to the county; and

a.

The owner of the facility will provide written inspection reports at a minimum of every six (6) months to the county.

(5)

Be enforceable by all appropriate governmental parties.

(b)

At the discretion of the county, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the county that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the county.

(1)

If a recorded instrument is not required by this subsection, the county shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the county.

(2)

Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the county, at minimum, at least twice a year.

( P.C. Ord. No. 14-05 , 5-14-14)

( P.C. Ord. No. 14-05 , 5-14-14)