(A) In general.
(1) Prior to the conveyance or transfer of any lot or building site to be served by a engineered stormwater control pursuant to this subchapter, and prior to issuance of any permit for development requiring a engineered stormwater control pursuant to this subchapter, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the engineered stormwater control. Until the transference of all property, sites, or lots served by the engineered stormwater control, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement.
(2) The operation and maintenance agreement shall require the owner or. owners to maintain, repair and, if necessary, reconstruct the engineered stormwater control, and shall state the terms, conditions, and schedule of maintenance for the engineered stormwater control. In addition, it shall grant to the City of Roxboro a right of entry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the engineered stormwater control; however, in no case shall the right of entry, of itself, confer an obligation on City of Roxboro to assume responsibility for the engineered stormwater control.
(3) The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval by the recorder of the final plat. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within 14 days following its recordation.
(B) Operation and maintenance agreement. For all engineered stormwater controls required pursuant to this subchapter, the required operation and maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the owner or association shall continuously operate and maintain the stormwater control and management facilities.
(2) The owner, its successors and assigns, including any homeowners association, shall adequately maintain the structural stormwater BMP facilities in accordance with the approved operation and maintenance plan or manual(s). This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions.
(3) The owner, its successors and assigns, shall ensure the structural stormwater BMP facility is inspected by a qualified professional and shall submit an annual inspection report to the City of Roxboro. The inspection report shall be due annually 30 days from the date of the final structural stormwater Management facilities construction inspection. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads and the like. Deficiencies shall be noted in the inspection report.
(4) The owner, its successors and assigns, hereby grant permission to the City of Roxboro its authorized agents and employees, to enter upon the property and to inspect the structural stormwater Management facilities whenever the City of Roxboro deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City of Roxboro shall provide the owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary.
(5) (a) Before the City of Roxboro shall approve the completed facility and issue final certificates of occupancy, the owner and/or maintaining entity shall furnish the City of Roxboro with a financial guarantee insuring future maintenance, operation, and repair of the facility. The financial guarantee shall be in the form of cash or an irrevocable letter of credit and made payable to the City of Roxboro. The amount of guarantee shall be 40% of the total cost of constructing the facility based on actual contract prices for said facility.
(b) The initial duration of the financial guarantee shall be for 20 years. At the end of that period, the City of Roxboro may extend such periods of guarantee as the City of Roxboro deems appropriate. The financial guarantee may be dissolved at any time by mutual agreement when the need for such guarantee no longer exists. Any funds remaining from such guarantee will be returned to the appropriate entity.
(6) In the event the owner, its successors and assigns, fails to maintain the structural stormwater Management facilities in good working condition acceptable to the City of Roxboro or that maintenance and repairs are not being made as required or that any action is not being done in accordance with this agreement, the City of Roxboro shall notify the responsible entity who shall be given a reasonable time to correct such deficiencies. Should the responsible entity fail to act in a timely manner, or otherwise fail to correct the deficiencies, the City of Roxboro will institute appropriate action to obtain compliance including criminal or civil penalties, or both. In addition, the City of Roxboro may declare the responsible entity in default of this agreement and financial guarantee and use part or all of such guarantee funds to correct the deficiencies and may assume actual operation and maintenance. Default of tins agreement does not release the responsible entity from liability/responsibility for the deficiencies, nor release the entity from this agreement. Likewise, default of this agreement does not prevent the City of Roxboro from taking action against the responsible entity to recover the cost of such actions to correct the deficiencies.
(7) For all structural stormwater Management facilities which are to be or are owned and maintained by a property owner’s association or similar entity, the owner also agrees to the following provisions:
(a) Acknowledgment that the association shall continuously operate and maintain the structural stormwater management facilities.
(b) Establish adequate owner/property association dues which arc to be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the stormwater control measures and devices of the particular site plan or subdivision.
(c) Granting to the City of Roxboro a right of entry to inspect, monitor, maintain, repair, and reconstruct structural stormwater management facilities.
(d) Allow the City of Roxboro to recover from the association and its members any and all costs the City of Roxboro may expend to maintain or repair the stormwater control and management facility or to correct any operational deficiencies as a result of default by the owner/association/responsible entity. Failure to pay to the City of Roxboro all of its expended costs, after 30 days written notice, shall constitute a breach of the agreement. The City of Roxboro shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien herein authorized by the agreement against the property, or both in the case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery.
(8) The owner, its successors and assigns, will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schedule for the structural stormwater management facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed.
(9) In the event the City of Roxboro, pursuant to this agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the owner, its successors and assigns, shall reimburse the City of Roxboro upon demand, within 30 days of receipt thereof for all actual costs incurred by the City of Roxboro hereunder.
(10) This agreement imposes no liability of any kind whatsoever on the City of Roxboro and the owner agrees to hold the City of Roxboro harmless from any liability in the event the structural stormwater Management facilities fall to operate properly.
(Ord. passed 6-12-12)