(1) Runoff treatment facilities constructed to meet the requirements of SCC 30.63A.530 and flow control facilities constructed to meet the requirements of SCC 30.63A.550, and access constructed to serve those facilities shall be placed in one or more separate lots or tracts that are owned in common by all of the property owners served by the facility, or by a homeowners association.
(2) The joint owners of runoff treatment and flow control facilities, and access roads constructed to serve those facilities, located in a separate lot or tract shall be jointly and severally responsible for inspection, maintenance, and operations, unless the facility is dedicated to the county after authorization by the county engineer or the director of the department of conservation and natural resources.
(3) Pursuant to SCC 30.63A.830 and 30.63A.835, the county engineer and the director of the department of conservation and natural resources shall have the authority to allow detention or retention or treatment facilities to be placed in an easement rather than a separate lot or tract, when such placement is reasonably necessary to address special circumstances pertaining to the project site or off-site drainage facilities construction. (Added by Amended Ord. 10-026, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-102, Jan. 11, 2016, Eff date Jan. 22, 2016; Amended by Amended Ord. 20-081, Jan. 20, 2021).