§ 7.06.06. Dedication or maintenance of stormwater management systems.

A.

Dedication. If a stormwater management system approved under this Code will function as an integral part of the county-maintained regional system, as determined by the county engineer, the county shall have the option of requiring that the facilities be dedicated to the county. In no event shall any stormwater management system, including lakes, canals, and waterways, be granted, conveyed or dedicated to the county without the consent of the board of county commissioners.

B.

Maintenance by an acceptable entity.

1.

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

a.

A local governmental unit including a 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 paragraphs a—d above, 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.

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 county 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:

(a)

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

(b)

Establish rules and regulations.

(c)

Assess members.

(d)

Contract for services.

(e)

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 above.

2.

If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase or 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. In any event, the backbone stormwater management system shall be constructed for the entire 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.

C.

Off-site stormwater conveyance systems. Where a private off-site stormwater management or conveyance system is required to obtain a final development order pursuant to the provisions of this Code, perpetual easements shall be obtained by the developer. The easements required by this subsection shall provide the county with the right, but not the obligation to maintain the conveyance or stormwater management system located thereon.