Section 90-192. Maintenance by approved entity.
(a) Acceptable responsible entities. An acceptable responsible entity which agrees to operate and maintain the surface water management system will be identified in the permit application. The entity must be provided with sufficient ownership rights to have control over all authorized management facilities. The following entities are acceptable:
(1) The city.
(2) The St. Johns River Water Management District, a drainage district created by special act, or a special assessment district created pursuant to F.S. ch. 170.
(3) A state or federal agency.
(4) An official public utility.
(5) A property owner or developer, subject to compliance with the following prior to issuance of a certificate of occupancy:
a. Written proof that an acceptable entity, as set forth in subsections (a)(1) through (4) of this section will accept the operation and maintenance of the system at a time certain in the future; and/or
b. Submission of a bond or other assurance of continued financial capability to operate and maintain the system.
(6) For-profit or nonprofit corporations, including homeowners associations, property owners associations, condominium owners associations or master associations, but only if:
a. The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the city to affirmatively take responsibility for the operation and maintenance of the stormwater management facility.
b. The association has sufficient powers to:
1. Operate and maintain the system as permitted by the city.
2. Establish rules and regulations.
3. Assess members.
4. Contract for services.
5. Exist perpetually, with the articles of incorporation providing that if the association is dissolved, the system will be maintained by an entity as set forth in subsections (a)(1) through (4) of this section.
6. Provide a bond or other assurance of continued financial capacity to operate and maintain the system.
(b) Phased projects.
(1) If a project will be phased and subsequent phases will use the same stormwater management facilities as the first phases, the operation and maintenance entity shall have the ability to handle the future phases.
(2) In phased developments with an integrated stormwater management system that employs independent operation and maintenance entities for different phases, such entities, either individually or collectively, shall have the responsibility and authority to serve the entire project. That authority shall include cross easements for stormwater management, as well as the authority and ability of each entity to enter and maintain any facility should any other entity fail to maintain any portion of the system.
(c) Applicant as acceptable entity. The applicant shall be an acceptable entity with responsibility for the operation and maintenance of the system from the onset of construction until the system is dedicated to and accepted by another acceptable entity.