(i) Prior to NPS pollution control permit issuance, all applicants shall prepare a plan describing the measures necessary to maintain each water quality control required by this article in accordace with the maintenance guidelines set forth in the Engineering Technical Manual.
(ii) Rainwater harvesting/collection systems installed in accordance with this article shall be included in the maintenance plan.
(iii) Draft maintenance plans must be submitted to and approved by the City prior to site and subdivision construction plan approval.
(iv) Upon receiving written approval of the draft maintenance plan from the City, the land owner or land user must record the plan in the County deed records prior to recordation of the Final Plat or prior to site and subdivision acceptance; whichever occurs first. The maintenance plan shall be referenced via a note on the Final Plat.

(i) All water quality control measures and their appurtenances and rainwater harvesting and collection systems installed in accordance with this subsection P. shall be maintained by the applicant or subsequent landowner(s) or land user(s) pursuant to the approved plan.
(ii) The maintenance of all BMPs shall be in accordance with the NPS pollution control permit and the approved maintenance plan.

(i) For developments with Water Quality Controls and/or Rainwater Harvesting and Collection systems shared by more than one (1) lot, the respective landowners and land users shall form a maintenance association (MA) in accordance with this section prior to permit issuance. A Homeowners’ or Property Owners’ Association may serve as the required Maintenance Association.
(ii) All MAs must post financial security or create a maintenance fund for the purpose of maintaining all water quality controls required by this article.
(iii) The duties and responsibilities of an MA may be performed by a homeowners’ association, property owners’ association, or like entity if it meets the requirements of this section.
(iv) Before recording the Final Plat, the applicant must submit to the City the approved articles of association for the MA, as well as a map showing the boundaries of its jurisdiction.
(v) The MA must have the following general powers and attributes, which are reflected in the articles of association:

(1) The authority to own and convey property;
(2) The ability to operate and maintain common property, specifically the water quality controls;
(3) The authority to establish rules and regulations that are binding upon its members;
(4) The authority to assess members maintenance fees and enforce collection of assessments;
(5) The ability or standing to sue and be sued;
(6) The authority to contract for services to provide operation and maintenance; and
(7) If the MA is a homeowners’ association, it must have as members all the homeowners, lot owners, property owners, or unit owners.

(vi) The MA must be established in perpetuity; however, if the MA is dissolved or annexed into the City or a utility district, the articles of association must provide that the property consisting of the water quality controls shall be conveyed to the City or a utility district.
(vii) In addition to the elements required in subsection (v) above, the articles of association of the MA must clearly state that:

(1) It is the responsibility of the MA to operate and maintain the water quality controls;
(2) The water quality controls are owned by the MA or described therein as common property;
(3) There is a method of assessing and collecting the assessment for operation and maintenance of the water quality controls; and
(4) Any amendment that would affect the water quality controls must be approved by the City.