8-5-8: STORMWATER FACILITIES MAINTENANCE AGREEMENT AND PERMIT TRANSFER:
   A.   Stormwater Facilities Maintenance Agreement: A Stormwater Facilities Maintenance Agreement regarding stormwater management shall be required for any project that requires a permanent stormwater management facility. The agreement shall guarantee the performance of the work described and delineated on the approved plan. In addition, the agreement will describe the City's inspection policy. Should the applicant fail to meet any of the terms of the Stormwater Facilities Maintenance Agreement, the City may proceed with the actions listed in the enforcement section of this chapter.
   B.   Notice To Transferee: When ownership, possession, or control of any site subject to an incomplete, approved SWPPP is transferred, the former owner (seller) shall notify the new owner (buyer) as to the current status of compliance and provide a copy of the approved SWPPP, as required by the MPCA construction permit. A copy of this notice shall be submitted to the City. A copy of the 'Modification/Transfer', 'Subdivision Registration', or 'Homeowner Transfer' forms required by the MPCA for transfers under the State required SWPPP plan shall suffice for this notice to the City.
   C.   Successor Liability:
      1.   The successor in interest to any portion of a site subject to an incomplete, approved construction stabilization plan or SWPPP shall be responsible for implementing the BMPs contained in the plan.
      2.   The successor shall be responsible for the implementation of this plan for the portion of the site transferred.
      3.   The successor will be subject to all regulations under this chapter. (Ord. 2017-012, 11-21-2017)