(A) Prior to final approval of the site’s stormwater management plan, the applicant and municipality shall execute a maintenance agreement covering all stormwater control facilities which are to be privately owned.
(1) The maintenance agreement shall be recorded with the final subdivision/land development plan for the site.
(2) The agreement shall stipulate that:
(a) All facilities shall be maintained in accordance with the approved maintenance schedule and in a safe and attractive manner;
(b) Easements and or rights-of-way shall be conveyed to the municipality to assure access for periodic inspections by the municipality and maintenance if required;
(c) The name, address and telephone number of the person or company responsible for maintenance activities shall be filed with the municipality. In the event of a change, new information will be submitted to the municipality within ten days of the change; and
(d) If the facility owner fails to maintain the stormwater control facilities, the municipality may perform the necessary maintenance work or corrective work following due notice by the municipality to the facility owner to correct the problem(s). The facility owner shall reimburse the municipality for all costs.
(B) Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities.
(Ord. 4-2011, passed 10-8-2011)