17A.40.030 Acceptance of Pre-Existing Stormwater Facilities.
A. The County may assume maintenance of pre-existing facilities only after the following conditions have been met:
1. All necessary easements or dedications entitling the County to properly maintain the stormwater facility have been conveyed to the County;
2. The Director of Planning and Public Works has determined maintenance of the facility will contribute to protecting or improving the health, safety, and welfare of the community based upon review of the following factors:
a. Existence of or potential for flooding,
b. Existence of or potential for downstream erosion,
c. Existence of or potential for property damage due to improper function of the facility,
d. Existence of or potential for safety hazard associated with the facility,
e. Existence of or potential for degradation of surface or groundwater quality or in-stream resources,
f. Existence of or potential for degradation to the general welfare of the community,
g. Improvements in residential plats/PDDs have been completed on at least 80 percent of the lots,
h. An inspection by the Director has determined that the stormwater facilities are functioning as designed,
i. The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the Director,
j. The person or persons holding title to the properties served by the stormwater facilities submit a petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that the County maintain the stormwater facilities,
k. All easements and/or dedicated tracts required under this Chapter, entitling the County to properly operate and maintain the subject stormwater facilities, have been conveyed to Pierce County and have been recorded with the Pierce County Auditor,
l. The person or persons holding title to the properties served by the stormwater facilities show proof of the correction of any defects in the drainage facilities, as required by the Director;
3. The Director of Planning and Public Works has declared in writing acceptance of maintenance responsibility by the County. Copies of this document will be kept on file in the Pierce County Planning and Public Works record center and the Planning and Public Works Road Maintenance main office.
B. A stormwater facility which does not meet the criteria of this Section shall remain the responsibility of the applicant/person required to construct the facility and persons holding title to the property for which the facility was required. The decision of the Director is final and is not appealable.