§ 1146. Stormwater management inspection and maintenance agreements.

(a)

Execution required. Prior to issuance of any permit for a land development activity requiring a stormwater management facility or practice hereunder, and for which Jackson County requires ongoing maintenance, the applicant or owner of the site shall execute an inspection and maintenance agreement and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site.

(b)

Approval. The inspection and maintenance agreement must be approved by Jackson County prior to plan approval and recorded in the deed records upon final plat approval.

(c)

Responsible party. The inspection and maintenance agreement shall identify by name or official title the party responsible for implementing the inspection and maintenance procedures. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass on to any successor owner. In the event portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to assign the inspection and maintenance responsibilities to the appropriate successors in title. These arrangements shall designate the party to be permanently responsible for the inspection and maintenance for each portion of the site.

(d)

Schedule. An inspection and maintenance schedule shall be developed as part of the inspection and maintenance agreement to ensure proper functioning of the stormwater management facility or practice. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof.

(e)

Right of inspection. The terms of the inspection and maintenance agreement shall provide for the right of entry to property by Jackson County at reasonable times and in a reasonable manner for the purpose of inspection.

(f)

Additional enforcement by county. In addition to enforcing the terms of the inspection and maintenance agreement, Jackson County may also enforce all provisions for ongoing inspection and maintenance contained in this article.

(g)

Surety. The county may require the posting of bonds or other security to guarantee performance of construction and/or maintenance obligations of this division.

(Ord. No. 17-003 , § 1, 10-2-2017)