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O-2010-3216 amending Chapter 34-Environment
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O-2010-3216 amending Chapter 34-Environment
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Last modified
11/2/2016 3:39:29 PM
Creation date
1/30/2010 3:06:18 PM
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Legislative Records
Legislative Type
Ordinance
Date
1/25/2010
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<br />(d) The structural control maintenance agreement shall grant the city all easements necessary <br />to allow access for maintenance. The city's assumption of maintenance of the structural <br />controls does not affect ownership of the underlying fee. <br /> <br />Sec. 34-264. Accounting for structural control maintenance agreements. <br /> <br />(a) All payments collected pursuant to structural control maintenance agreements shall be <br />deposited in a dedicated fund to which interest is allocated. All such amounts, together <br />with all interest earned thereon, shall be used solely for the purposes set forth in <br />subsection (b). <br /> <br />(b) The fees collected pursuant to structural control maintenance agreements may be used to <br />finance or to recoup the costs of the operation, maintenance, equipment, labor or capital <br />of structural controls assumed pursuant to a structural control maintenance agreement and <br />for meeting any other ongoing regulatory requirements imposed on such structures, such <br />as annual certifications of compliance or to finance or recoup the costs of any other <br />subsequent measures undertaken by the city to address storm water quality to achieve the <br />same purposes as the structural controls. Maintenance shall include, but not be limited to, <br />mowing, dredging and repair. <br /> <br />(c) Consistent with the city charter and state budget laws, disbursement of funds shall be <br />authorized by the department of public works and engineering at such times as are <br />reasonably necessary to carry out the purposes and intent of this article. <br /> <br />Sec. 34-265. Recordation. <br /> <br />(a) The SWQ permit requirements for each parcel shall be recorded in the real property <br />records of the county in which the parcel is located. The recordation shall note that none <br />of the structural or non-structural controls on or for the parcel may be changed from the <br />plans and technical specifications in the SWQ permit for the parcel, except as may <br />otherwise be provided in this article.. <br /> <br />(b) F or new development that includes the platting of a reserve tract, a notation shall be <br />placed on the subdivision plat that a SWQ permit must be obtained before the issuance of <br />any construction permit for a structure on all or a part of the reserve tract. <br /> <br />(c) Third-party permittees: For subdivisions oflots for single-family residences, the <br />homeowners' association agreement or structural control maintenance agreement shall be <br />recorded for all parcels in the subdivision at the time of the transfer of the SWQ permit to <br />the homeowners' association. For other new development or significant redevelopment <br />for which there is a third-party permittee, the third-party agreement shall be recorded for <br />all parcels subject to the rights and obligations specified in the agreement at the time of <br />the transfer of the SWQ permit to the third-party permittee. <br /> <br />23 <br />
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