Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this section and legal arrangements for the upkeep of stormwater facilities to assure their functionality and safety in accordance with this chapter. Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each stormwater management facility unless the facility is dedicated to and accepted by the town. Maintenance agreements may be tracked by the town to ensure that stormwater management facilities are maintained in accordance with the recorded agreement.
(A) Prior to the issuance of any building permit for which stormwater management is required, the applicant or owner shall execute an inspection and maintenance agreement binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the Town Engineer or authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
(B) The agreement shall be recorded by the applicant and/or owner in the land records of the Town of Middletown.
(C) It shall be the responsibility of the stormwater management facility owner to inform the Town Engineer, or designee, when maintenance has been accomplished in accordance with the agreement. If notification that required maintenance has not been performed is not received as scheduled, the Town Engineer or designee shall, within 14 days, notify the stormwater management facility owner that maintenance is required and may use any provision established in §§ 153.60 through 153.63 to ensure said maintenance is accomplished.
(D) The agreement shall also provide that, if after notice to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time, the town shall then have the right to take whatever actions it deems necessary to correct the violations and to assert a lien on the subject property in an amount equal to the costs of remedial actions as specified in § 153.62.
(Ord. passed 2-21-06)