§ 6.05.05. Dedication or maintenance of stormwater management systems.

(a)

Dedication. To comply with the performance standards set forth in section 6.05.04 the proposed stormwater management system shall conform to the following design standards: Detention and retention systems shall be designed to comply with this Land Development Code and, if applicable, county regulations.

(b)

Maintenance by an acceptable entity.

(1)

All stormwater management systems that are not dedicated to the town shall be operated and maintained by one of the following entities:

a.

A local governmental unit including a county, municipality or municipal service taxing unit, special district or other governmental unit.

b.

An active water control district created pursuant to F.S. ch. 298 or drainage district created by special act, or community development district created pursuant to F.S. ch. 190, or special assessment district created pursuant to F.S. ch. 170.

c.

A state or federal agency.

d.

An officially franchised, licensed or approved communication, water, sewer, electrical or other public utility.

e.

The property owner or developer if:

1.

Written proof is submitted in the appropriate form by either letter or resolution, that a governmental entity or such other acceptable entity as set forth in subsections (b)(1)a through d of this section, will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future.

2.

A bond or other assurance of continued financial capacity to operate and maintain the system is submitted.

3.

That the system is for a single-family residence, legal duplex or for a commercial structure on Main Street which is maintained by the owner in accordance with this Land Development Code.

f.

For-profit or nonprofit corporations including homeowners' associations, property owners' associations, condominium owners' associations or master associations if:

1.

The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the town affirmatively taking responsibility for the operation and maintenance of the stormwater management facility.

2.

The association has sufficient powers reflected in its organizational or operational documents to:

(i)

Operate and maintain the stormwater management system as permitted by the town.

(ii)

Establish rules and regulations.

(iii)

Assess members.

(iv)

Contract for services.

(v)

Exist perpetually, with the articles of incorporation providing that if the association is dissolved, the stormwater management system will be maintained by an acceptable entity as described in this subsection (b)(1)f.

(2)

If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase of phases, the operation/maintenance entity shall have the ability to accept responsibility for the operation and maintenance of the stormwater management systems of future phases of the project.

(3)

In phased developments that have an integrated stormwater management system, but employ independent operation/maintenance entities for different phases, the operation/maintenance entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities, should any entity fail to maintain a portion of the stormwater management system within the project.

(4)

The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the stormwater management system from the time construction begins until the stormwater management system is dedicated to and accepted by another acceptable entity.

(Ord. No. 91-6, § 3(6.05.05), 2-11-1992; Ord. No. 2009-03, § 6(6-05-05), 6-9-2009)