Section 9-3165   Maintenance and upkeep.
   (a)   An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the Operation and maintenance agreement, who is responsible for those actions. The plan shall indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs.
   (b)   Landscaping and grounds management shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened or to the extent of interfering with any easement to the stormwater control structure.
   (c)   Except for general landscaping and grounds management, the owning entity shall notify the Watershed Administrator before any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Town Engineer shall inspect the completed improvements and shall inform the owning entity of any required additions, changes, or modifications and of the period to complete said improvements.
   (d)   Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the Town Council. Proposed changes shall be prepared by a North Carolina registered professional engineer and submitted to and reviewed by the Watershed Administrator before consideration by the Town Council.
   (1)   If the Town Council approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Office of the Watershed Administrator.
   (2)   If the Town Council disapproves of the changes, the proposal may be revised and resubmitted to the Town Council as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant.
   (e)   If the Town Council finds that the operation and maintenance plan or manual is inadequate for any reason, the Board shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the County Register of Deeds, the Office of the Watershed Administrator, and the owning entity. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)