(A)   A SWQMP may not be closed until a long-term operation and maintenance agreement has been accepted by Town of Chandler.
   (B)   Long-term operation and maintenance agreements shall include a maintenance plan for all storm water quality BMPs in new development or redevelopment that require more than general maintenance (e.g., periodic mowing).
      (1)   The plan will be developed to ensure that the storm water quality BMP(s) is (are) kept functional. The maintenance agreement will specify minimum operation and maintenance requirements and intervals to be performed by the property owner.
      (2)   The plan shall address schedules for inspections and techniques for operation and maintenance including vegetation clearing or mowing and removing accumulated trash, debris, sediment pollutants and other forms of pollution.
      (3)   The agreement shall be noted on the final plat with the appropriate notation on the particular lot(s).
      (4)   The agreement shall be included with property ownership title documents and shall be binding on the owner, its administrators, executors, assigns, heirs, and any other successors in interest.
      (5)   The format for the long-term operational and maintenance agreement(s) is included in Appendices A, B or C.
      (6)   Storm water detention and retention maintenance - care must be taken to ensure that any required detention facilities do not become nuisances or health hazards. Detention and retention facilities should be designed to require minimal maintenance, and maintenance expectations must be clearly stated in a long-term operation and maintenance agreement.
      (7)   When a storm water quality BMP serves more than one parcel, an owners' association or binding contract for the purpose of operation and maintenance is required. The owners association shall be responsible for operation and maintenance as directed by this ordinance.
      (8)   The maintenance responsibilities for permanent storm water quality BMPs shall be determined based upon the type of ownership of the property which is controlled by the facilities.
         (a)   1.   Single entity ownership. Where the permanent storm water runoff control facilities are designed to manage runoff from property in a single entity ownership, the maintenance responsibility for the storm water control facilities shall be with the single entity owner.
            2.   A single entity shall be defined as an association, public or private corporation, partnership firm, trust, estate or any other legal entity allowed to own real estate exclusive of an individual lot owner.
            3.   The stated responsibilities of the entity shall be documented in the form of a long-term operation and maintenance agreement. Terms including owning, operating and maintaining the facilities shall be submitted with plans in application for a SWQMP for determination of their adequacy. Approval of a SWQMP shall be conditioned upon the approval of these terms. These terms shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the Town of Chandler, contain a provision permitting inspection at any reasonable time by the Town of Chandler of all facilities deemed critical in the public welfare.
            4.   Upon approval of the storm water quality BMPs by the Town of Chandler, the facility owner(s) shall demonstrate the ability to guarantee and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the Town of Chandler. The Town of Chandler will only accept funding mechanism(s) for long-term maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity.
            5.   In the event that proposed funding is through an owners association, then it must be demonstrated that the association may not dissolve unless long-term operation and maintenance activities are accepted by another entity with equivalent longevity and adequate funding. Furthermore, the owners association's responsibility must be stated in the association's declaration, covenants, or by-laws, as appropriate.
            6.   Unless made specifically clear in the preliminary stages of the site design and construction plan review procedure, it will be assumed that all storm water detention, retention, treatment or storage facilities and/or devices shall be owned, operated and maintained by a single entity as defined above.
         (b)   Town of Chandler ownership. Where the Town of Chandler has accepted an offer of dedication of the permanent storm water quality BMPs, the Town of Chandler shall be responsible for operation and maintenance.
         (c)   Maintenance bond. The Town of Chandler may require the posting of a maintenance bond to secure the structural integrity of said facilities as well as the functioning of said facilities in accordance with the approved SWQMP for a term of 18 months from the date of acceptance of dedication. A cash contribution can be used as the financial assurance in lieu of a maintenance bond although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.
(Ord. 2018-05, passed 5-24-2018)