§ 153.050  STORMWATER FACILITY MAINTENANCE AGREEMENT.
   (A)   Submission and approval required.  A proposed inspection and maintenance agreement for all privately owned and maintained stormwater storage control facilities shall be submitted to, and approved by, the town prior to either the final approval of the subdivision final plat or issuance of a certificate of occupancy.
      (1)   Such agreement shall be in the form and content acceptable to the Town Engineer.
      (2)   The agreement shall provide access to the facility by virtue of a nonexclusive perpetual easement granted to the town for regular inspection and emergency maintenance of the facility.
   (B)   Contents.  The maintenance agreement shall, at a minimum, contain:
      (1)   The name, address, and phone number of the owner of the facility(s);
      (2)   The name, address, and phone number for the party responsible for maintaining the facility(s);
      (3)   A description of the facility, including access points, easements, restrictions, inspection and maintenance frequencies, and other pertinent data;
      (4)   A reference to the final approved as-built plans for the site and general design standards for the facility(s);
      (5)   A statement that properties that will be served by the facility will be granted rights to construct, use, reconstruct, repair, maintain and access the facility; or
      (6)   A statement that each lot served by the facility is responsible for repairs and maintenance of the facility, and any unpaid ad valorem taxes, public assessments, and nuisance abatement liens charged against the facility, including all interest charges together with legal fees, costs and expenses of collection.
         (a)   If an association is delegated these responsibilities, then membership into the association shall be mandatory for each parcel or lot served directly or indirectly by the facility and any successive buyer.
         (b)   The association shall have the power to levy assessments for all obligations, and all unpaid assessments shall become a lien on the individual lot or parcel;
      (7)   An overall long-term inspection schedule for the facility(s), including a checklist to assist the owner(s) in scheduling and determining the need for preventative maintenance; and
      (8)   A statement that no amendments to the agreement shall be made without the written consent of the town.
   (C)   Periodic preventative maintenance inspections.  The agreement shall provide for periodic preventive maintenance inspections by the town or its agents.
      (1)   These inspections shall include inspections during the warranty period, an inspection prior to the end of the two-year infrastructure warranty period, and annual inspections in perpetuity.
      (2)   During the end of warranty inspection, the town shall request from the owner an as-built survey of the facility prepared by a registered professional engineer or land surveyor.
      (3)   This survey will be used to determine if the facility requires remedial work prior to final approval by the town.
      (4)   The survey will include at a minimum:
         (a)   For pond, wetland, bio-retention, and other like systems, a scaled drawing of the subject facility, showing its location within the recorded boundary or easement, any surface encroachments within the drainage easement, the bank slope and a statement of its condition, the inlet pipe and slope protection and their condition, and the system depth (taken from a representative sample of cross sections);
         (b)   For manufactured systems:
            1.   A scaled drawing of the subject facility showing its location within the recorded boundary or easement, only if any surface encroachments have been made within the drainage easement; and
            2.   A copy of the manufacturer's recommendations for system inspection, frequency of inspection, and maintenance schedule or directives;
         (c)   A statement of the overall condition of the facility and inlet structures by the engineer or land surveyor, along with a comparison to the design conditions; and
         (d)   A copy of inspection and maintenance logs of the facility(s) undertaken during the warranty period, including the amount of debris removed, if any.
         (e)   A statement of probable cost to correct any deficiencies noted during the inspection and survey.
   (D)   Notification of any deficiency or failure to comply.  The agreement shall provide that the registered professional performing the survey shall notify the town and the owner(s) of any deficiency or failure to comply with the approved design drawings.
      (1)   The agreement shall also provide that, upon failure to correct such deficiencies within 30 days after written notice by the town, the town shall provide for all work to place the facility in proper working condition.
      (2)   The owner(s) shall be assessed for all work performed by the town pursuant to this section.
   (E)   Minimum requirements for long-term inspection process.
      (1)   The owner shall be responsible for inspections of the stormwater facilities, at a minimum on an annual basis, unless a more frequent schedule is otherwise dictated by manufacturer's recommendations.
         (a)   Inspections shall be performed by a licensed professional engineer.
         (b)   An inspection log of findings and remediation's shall be kept by the facility owner and transferred with the property to future owners.
         (c)   Copies of these inspections and any remediation shall be sent to the town's Stormwater Manager annually.
      (2)   Subsequent inspections of the stormwater facilities may also be made by the town to ensure proper inspections and system upkeep.
   (F)   Certification in lieu of inspection.  The Town Engineer, at his or her sole discretion, may accept the certification of a registered professional engineer or land surveyor in lieu of any inspection required by this agreement.
(Ord. 99016, passed 6-8-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045, passed 8-14-07)