(A) (1) Prior to final approval of the SWM Site Plan and Report, the applicant shall sign the operation and maintenance (O&M) agreement (Appendix A) covering all stormwater control facilities that are to be privately owned.
(2) The operation and maintenance (O&M) agreement shall be recorded with the SWM Site Plan and made a part hereto.
(B) (1) Other items may be included in the operation and maintenance (O&M) agreement where determined necessary to guarantee the satisfactory operation and maintenance of all BMP facilities.
(2) The operation and maintenance (O&M) agreement shall be subject to the review and approval of the city and the City Solicitor.
(C) The owner is responsible for operation and maintenance of the stormwater BMPs. If the owner fails to adhere to the operation and maintenance (O&M) agreement, the city may perform the services required and charge the owner appropriate fees. Non-payment of fees may result in a lien against the property.
(Ord. 1508, passed 12-20-2010)