(1) 
Any person or persons holding title to a nonresidential property for which stormwater facilities and BMPs have been required by Kitsap County shall be responsible for the continual operation, maintenance and repair of the stormwater facilities and BMPs in accordance with the provisions of this title.
(2) 
For privately maintained stormwater facilities, the maintenance requirements specified in this title, including the Kitsap manual, shall be enforced against the owner(s) of the subject property served by the stormwater facility.
(3) 
Stormwater maintenance shall be performed in accordance with the Kitsap manual.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016; Ord. 599 (2021) §§ 42, 53, 2021)
(1) 
Prior to the use of a development constructed under a site development activity permit, the owner shall record a maintenance covenant which guarantees Kitsap County that the stormwater BMPs/facilities shall be properly operated, maintained and inspected, and which gives Kitsap County the authority to enter and inspect the BMP/facility, and to take any necessary enforcement action as per Chapter 12.32. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the Kitsap County auditor.
(2) 
The director may require the owners of existing stormwater BMPs/facilities for which Kitsap County has not previously accepted operation and maintenance responsibility to record a maintenance covenant or to request that Kitsap County accept operation and maintenance responsibility for the stormwater BMPs/facilities subject to the requirements of this title.
(3) 
Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater BMPs/facilities is accepted by Kitsap County.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016; Ord. 599 (2021) §§ 43, 53, 2021)
The county may accept for maintenance those new residential stormwater BMPs/facilities constructed under an accepted site development activity permit that have been approved by public works and that meet the following conditions:
(1) 
Improvements in residential plats have been completed on at least eighty percent of the lots, unless waived by the director; and
(2) 
All stormwater BMPs/facilities have been inspected and accepted by the director and said stormwater BMPs/facilities have been in satisfactory operation for at least two years; and
(3) 
All stormwater BMPs/facilities reconstructed during the maintenance period have been accepted by the director; and
(4) 
The stormwater BMP/facility, as designed and constructed, conforms to the provisions of this title; and
(5) 
All easements and tracts required under this title, entitling the county to properly operate and maintain the subject BMP/facility, have been conveyed to Kitsap County and have been recorded with the Kitsap County auditor; and
(6) 
For nonstandard BMPs/facilities, an operation and maintenance manual, including a maintenance schedule, has been submitted to and accepted by Kitsap County; and
(7) 
A complete and accurate set of reproducible as-built drawings has been provided to Kitsap County. A professional engineer shall certify that both the vertical and horizontal alignment meet the design objectives.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016; Ord. 599 (2021) §§ 44, 53, 2021)
Kitsap County may accept for maintenance those stormwater BMPs/facilities for residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:
(1) 
Improvements in residential plats/PBDs have been completed on at least eighty percent of the lots; and
(2) 
An inspection by the director has determined that the stormwater BMPs/facilities are functioning as designed; and
(3) 
The stormwater BMPs/facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director; and
(4) 
The person or persons holding title to the properties served by the stormwater BMPs/facilities submit a petition containing the signatures of the title holders of more than fifty percent of the lots served by the stormwater facilities requesting that the county maintain the stormwater facilities; and
(5) 
All easements required under this title, entitling the county to properly operate and maintain the subject stormwater BMPs/facilities, have been conveyed to Kitsap County and have been recorded with the Kitsap County auditor; and
(6) 
The person or persons holding title to the properties served by the stormwater BMPs/facilities show proof of the correction of any defects in the drainage facilities, as required by the director.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016; Ord. 599 (2021) §§ 45, 53, 2021)
(1) 
The director is authorized to develop a county inspection program for privately owned and maintained stormwater facilities in Kitsap County. The purpose of this inspection program shall be for the county to determine if the flow control BMPs/facilities, conveyance structures and runoff treatment BMPs/facilities are in good working order and are properly maintained, and to ensure that stormwater quality BMPs are in place and that nonpoint source pollution control is being implemented.
(2) 
Whenever the provisions of the inspection program are being implemented, or whenever there is cause to believe that a violation of this title has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times any and all stormwater BMPs/facilities within Kitsap County to determine compliance with the provisions of this title.
(3) 
Prior to making any inspections, the director or assignee shall follow the procedures delineated in Section 12.32.030.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016; Ord. 599 (2021) §§ 46, 53, 2021)
The director is authorized to establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned and operated by Kitsap County. The party (or parties) responsible for maintenance and operation shall be identified. Critical stormwater BMPs/facilities, as so deemed by the director, may require a more frequent inspection schedule.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016; Ord. 599 (2021) §§ 47, 53, 2021)