(A) Every land development or construction activity that results in the construction of permanent stormwater management facilities, including but not limited to, detention ponds, rain gardens, underground storage, and any other facility intended to manage stormwater quality or quantity shall provide to the Town a permanent stormwater maintenance plan and agreement that provides for the perpetual care and maintenance of the stormwater management facilities for the development.
(B) The maintenance agreement shall operate as a deed restriction binding on the current property owners and all subsequent property owners and their lessees and assigns, including but not limited to, homeowner associations or other groups or entities.
(C) The maintenance agreement for permanent stormwater management shall be fully executed by the person responsible for permanent maintenance prior to commencement of construction.
(D) The maintenance agreement shall assign responsibility for the maintenance and repair of the stormwater facility to the owners of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation. The maintenance agreement will identify the parts or components of the stormwater management facility that need to be maintained and the equipment and skills or training necessary for the required maintenance.
(E) The maintenance agreement shall provide for a periodic inspection by the property owners in accordance with the requirements of below divisions for the purpose of documenting maintenance and repair needs and to ensure compliance with the requirements of this chapter. The property owners will arrange for these inspections to be conducted by a person familiar with site specific stormwater management measures, who will submit a signed written report of the inspection to the Town's Engineering/Development Department. It shall also grant permission to the Town to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.
(F) The maintenance agreement shall provide that the minimum maintenance and repair needs include, but are not limited to, the removal of silt, litter and other debris, the cutting of grass, cutting and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other stormwater facilities. It shall also provide that the property owners shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the Town's BMP manual.
(G) The maintenance agreement shall provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the Town's Engineering/Development Department.
(H) The maintenance agreement shall provide that if the property is not maintained or repaired within the prescribed schedule, the Town shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the Town's cost of performing the maintenance shall be a lien against the property.
(I) A stormwater maintenance and repair plan shall be prepared and included as an exhibit to the stormwater maintenance agreement. The design and planning of all permanent stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued performance. The plan will identify the parts or components of any stormwater management facility that needs to be maintained and the equipment and skills or training necessary to complete the maintenance. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.
(Ord. 2012-18, passed 11-12-12)