Whenever an existing or future private on-site storm water management facility is to serve the subject property, the following shall be provided to the town prior to the issuance of any building or zoning permit.
(A) A written inspection and maintenance agreement in a form acceptable to the Town Attorney and executed by the applicant and the owners of the facility, if different than the applicant, which shall bind the parties thereto and all subsequent owners, successors and assigns and provide for the following:
(1) If a party other than the applicant assumes primary responsibility for the maintenance of the facility, the applicant shall guarantee the maintenance of the facility and assume ultimate responsibility therefor;
(2) The town shall have access to the facility at reasonable times for inspection by its agents or representatives;
(3) If a town order directing the correction, repair, replacement or maintenance of the facility or of any portion thereof is not satisfactorily complied with within a reasonable period of time, the town may, after reasonable notice, enter the land and perform all necessary work to place the facility in proper working condition and may assess the owner(s) of the subject property with the cost of the work which cost shall be a lien on the property and may be collected as provided in G.S. § 160A-193. The owners of all property served by the facility shall be jointly and severally responsible to the town for the maintenance of the facility and liable for any costs incurred by the town pursuant to the agreement and all properties are jointly and severally subject to the imposition of liens for the costs;
(4) The inspection and maintenance agreement shall be recorded in the Register of Deeds office of the county at the expense of the applicant; and
(5) Any other provision as may be reasonably required by the Town Attorney to achieve the purposes of this subchapter.
(B) When deemed appropriate by the Town Attorney, an easement shall be prepared and submitted by the owners of the facility in a form approved by the Town Attorney by which the town and its agents and representatives shall be granted adequate and perpetual access to the facility and provided with sufficient area for inspection and maintenance, if necessary. The easement shall be filed in the Register of Deeds Office of the county, at the expense of the applicant, and shall bind all subsequent owners and assigns of the facility and of the property on which the facility is located.
(Prior Code, § 52.08) (Ord. passed - -1997)
Statutory reference:
Related provisions, see G.S. § 160A-193