(A) Prior to the issuance of any building permit for which stormwater management is required, the Town Planning and Zoning Commission, its agent(s) or the Town Engineer shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by a private stormwater management facility. The agreement shall provide for access to the facility at reasonable times for regular inspections by the Town Planning and Zoning Commission, its agent(s) or the Town Engineer to ensure that the facility is maintained in proper working condition to meet design standards.
(B) The applicant and/or owner shall record the agreement in the land records of the town.
(C) The agreement shall also provide that, if after notice by the Town Planning and Zoning Commission, its agent(s) or the Town Engineer to correct a violation requiring maintenance work, satisfactory corrections are not made by the owners) within a reasonable period of time (30 days maximum), the Town Planning and Zoning Commission, its agent(s) or the Town Engineer may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the county/municipality.
(Ord. passed 7-14-2008)