§ 15-12. Maintenance

(A)

The Administrator shall approve a written maintenance plan upon a finding that the plan meets the terms of this Chapter. The written operation and maintenance plan shall contain the information in this section as the minimum criteria that shall be accepted by the Administrator. The maintenance plan shall include:

(1)

Demonstration of the ability of an entity to provide adequate maintenance;

(2)

Written agreement of acceptance of an entity to maintain the facilities;

(3)

Specific maintenance activities to be performed;

(4)

Frequency of maintenance activity; and

(5)

Measurable objective of maintenance activity.

(B)

The installed storm water system shall be maintained by the legal entity responsible for maintenance. All storm water management permit applications shall contain documentation sufficient to demonstrate that the operation and maintenance entity is the legal entity empowered and obligated to perpetually maintain the storm water management facilities. The City considers the following entities acceptable to operate and maintain storm water management facilities:

(1)

Local governmental units including the City, or Municipal Service Taxing Units.

(2)

Active Chapter 298, Florida Statutes, water control districts or drainage districts, or Chapter 190, Florida Statute, Community Development Districts, or Chapter 170, Florida Statute, Special Assessment Districts.

(3)

Non-profit corporation including homeowners associations, property owners associations, condominium owners association, or master associations under certain conditions which ensure that the corporation has the financial, legal, and administrative capability to provide for the long-term operation and maintenance of the facilities.

(a)

The property is wholly owned by said permittee and the ownership if intended to be retained. This would apply to a farm, corporate office, or single industrial facility, for example.

(b)

The ownership of the property is retained by the permittee and is either leased to third parties, (such as in some shopping centers), or rented to third parties, (such as in some mobile home parks), for example.

(C)

The storm water management system to be maintained by the legal entity shall have adequate easements, in accordance with Section [15-]10 of this Chapter, to permit the City to City to inspect, and if necessary, to take corrective action should the legal entity fail to maintain the system properly.

(D)

Maintenance of storm water facilities shall allow the storm water management system to perform as originally designed and permitted by the City and other appropriate governmental agencies as set forth in the written plan.

(E)

Maintenance shall include compliance with City building and construction codes, and all other applicable City codes.

(F)

The legal entity shall annually report to the City the maintenance performed during the year and demonstrate its financial capability to provide the required maintenance for the coming year. This shall be done to reflect compliance with their written maintenance plan.

(G)

The legal entity shall execute and record a document acceptable to the City Attorney which defines its authority and responsibility for maintenance of the storm water management system, defines how the maintenance is to be performed, defines the funding mechanisms for the required maintenance, and provides a legal mechanism assuring the perpetuation of the maintenance.

(H)

In order to assure maintenance during the developer maintenance period security shall be submitted before acceptance of the constructed facilities. The security shall be in the form of an approved financial instrument which may include, but not be limited to, cash or performance bonds and letters of credit. The amount of the security shall be ten percent (10) of the certified construction cost estimate or the actual construction amount.