§ 50-143. County participation in development agreement.

A voluntary development agreement between the applicant and the county may provide for additional storage capacity beyond that required by the applicant for on-site stormwater management in order to enhance or provide for the public health, safety and general welfare, to correct unacceptable or undesirable existing conditions or to provide protection in a more desirable fashion for future development. The manager, or his designee, shall be authorized to negotiate, subject to ultimate approval by the board of commissioners, within the following guidelines:

(1)

Require that the applicant grant any necessary easement over, through or under the applicant's property to provide access to or drainage for such facility.

(2)

Require that the applicant attempt, in good faith, to obtain from the owners of property over, through or under which the stormwater management facility is to be located, any easements necessary for the construction and maintenance of same; and failing the obtaining of such easement despite the applicant's good faith efforts, the county may, at its option, assist in such matter by purchase, condemnation, dedication or otherwise, and subject to subsection (3) of this section, with any cost incurred thereby to be paid by the applicant.

(3)

Participate financially in the construction of such facility to the extent that such facility exceeds the required on-site stormwater management.

Funds shall be provided for out of the stormwater management assessment fund as set forth in section 50-110.

(Ord. of 9-28-93; Code 1977, § 3-22.5A-25)