(A) Any development activity for which BMPs are used shall be the subject of a maintenance agreement executed by the property owner with the City prior to the approval of a building permit or development plan.
(B) The maintenance agreement shall contain, at a minimum, the following provisions:
(1) Acknowledgment that the property owner shall continuously operate and maintain the BMPs;
(2) Granting to the City a right of entry to inspect, monitor, maintain, repair, and reconstruct the BMPs if the property owner fails to do so. This statement also shall acknowledge that any inspection or work done on the BMPs by the city does not create any liability for the city for or as a result of the BMPs;
(3) Acknowledging that the City shall not be liable to any private person or entity for the condition or operation of the BMPs; and
(4) Allowing the City to recover from the property owner any and all costs the City expends to maintain or repair the BMPs or to correct any operational deficiencies. Failure to pay to the City all of its expended costs, after 45 days’ written notice, shall constitute a breach of the maintenance agreement. The City shall thereafter be entitled to bring an action against the property owner or to foreclose upon any lien authorized by law against the property, or both, in the case of a deficiency. Interest, collection costs, and attorneys' fees shall be added to the recovery.
(C) The property owner undertaking any development activity for which engineered stormwater controls are used shall submit an Operation and Maintenance Plan (O&M Plan) with any development plans submitted to the Director of Planning and Inspections for review and approval.
(D) There shall be an O&M Plan for every engineered stormwater control. The O&M Plan shall specify all operation and maintenance work necessary to maintain the proper function of all engineered stormwater control components, including the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment measures, main treatment area, outlet, vegetation, and discharge point.
(E) The O&M Plan shall require the owner to maintain, repair and, if necessary, reconstruct the engineered stormwater controls, and shall state the terms, conditions, and schedule of maintenance for the engineered stormwater controls. The O&M Plan shall specify methods to be used to maintain or restore the engineered stormwater controls to design specifications in the event of failure.
(F) The O&M Plan shall be signed by the owner and notarized. The owner shall keep maintenance records and these shall be available upon request by the City of Havelock.
(G) The maintenance/monitoring operations include, but are not limited to, the following:
(1) Routine maintenance measures such as grass mowing, trash removal, and other general measures;
(2) Checking of grass cover and seeding exposed areas;
(3) Checking sediment forebay and removal of sediment when maximum depth is reached;
(4) Checking outlet protection for erosion or debris blockage and performing proper repairs;
(5) Checking outlet structure, removing any debris blockage, or repairing any damage;
(6) Checking a BMP after large storm events for structural damage or erosion;
(7) Checking underdrain for proper drainage; and
(8) Checking vegetation required that provide nutrient removal and identifying when vegetation should be harvested, cut, or replanted to maintain a healthy stand.
(Ord. 23-O-07, passed 4-10-2023)