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A. General Limitation to Certain Single-Family Projects. As set forth in this section, the city may assume the operation and maintenance of stormwater facilities. Unless determined otherwise by the director on a case-by-case basis, this assumption will be limited to stormwater facilities designed and constructed as common stormwater facilities serving multiple lots within single-family residential projects in connection with a short plat.

B. Requirements. The city may assume the operation and maintenance of stormwater facilities (including, but not limited to, retention/detention or other drainage treatment/abatement facilities) after the expiration of the two-year operation and maintenance warranty period for stormwater facilities if:

1. All of the requirements of EMC 14.28.080 and the DCSS have been fully complied with; and

2. The facilities have been inspected and accepted by the utility department after two years of operation in accordance with the city stormwater management manual; and

3. All necessary easements in form acceptable to the city in the city’s sole discretion entitling the city to properly own, operate, and/or maintain the facility have been fully executed and recorded with the Snohomish County auditor; and

4. The maintenance bond required in EMC 14.28.080(D) has been extended for one year, covering the city’s first year of operation and maintenance; and

5. The developer has supplied to the city an accounting of capital, construction, and operation and maintenance expenses or other items for the facilities up to the end of the two-year period.

On a case-by-case basis, the director may determine to waive some or all of subsections (B)(1) through (5) of this section or may determine that additional requirements apply.

B. City Inspection. Prior to accepting ownership and maintenance responsibilities for stormwater facilities (whether through subsection (A) of this section, annexation or any other means) the city will inspect the facilities and review as-builts, form of easements, and other relevant items as needed to determine the facilities are in good condition and meet city standards and are otherwise acceptable to the city. Any deficiency noted will need to be corrected prior to city acceptance unless otherwise determined by the director.

C. Excessive Costs. If a stormwater facility serving private property has maintenance and/or other costs determined excessive by the city in its sole discretion, then the city may, prior to city acceptance of the facility, require the property owner(s) to make one-time or continuing contribution to such costs, with written agreement for the continuing contribution in a form acceptable to the city.

D. Nonassumption.

1. In the event that the city elects not to assume the operation and maintenance responsibility for the stormwater facilities, it will be the responsibility of the developer to make arrangements with the occupants or owners of the subject property for assumption of maintenance and operation in a manner subject to the approval of the director or in accordance with the stormwater management manual.

2. If the city elects not to assume operation and maintenance responsibility for stormwater facilities, the facilities shall be operated and maintained in accordance with the arrangements as approved by the director. The city may inspect the facilities in order to ensure continued use of the facilities for the purposes for which they were built and in accordance with these arrangements. (Ord. 3880-22 § 4 (Exh. A), 2022.)