§ 155.042 LONG-TERM MAINTENANCE AGREEMENT.
   (A)   Permittees holding a major stormwater construction activity permit may be required that the property owner enter a long-term inspection and maintenance agreement with the city if permanent private infrastructure or stormwater management facilities are installed.
   (B)   The agreement acts as a deed restriction and is binding on all subsequent owners of land served by private stormwater management facilities. The executed agreement shall be recorded by the applicant and/or owner in the land records of the county/municipality.
   (C)   The agreement shall include the following:
      (1)   Detail the post-construction operation, maintenance, and inspection requirements for any permanently installed privately owned infrastructure related to stormwater management of the site.
      (2)   Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
      (3)   Provide a requirement for annual inspections by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The property owner will arrange for this inspection to be conducted by a Registered Stormwater Inspector (RSI) or registered professional engineer licensed to practice in the State of Utah who will submit a sealed report of the inspection to the city.
      (4)   Provide for a schedule to ensure maintenance needs shall be addressed in a timely manner.
      (5)   Require that after notice by the city to correct a violation requiring maintenance work or repairs that such violations shall be satisfactorily addressed within the time frames in § 155.091. If the required work is not completed within the required time, the city shall perform or cause to have performed the required maintenance or repairs.
         (a)   The city's direct or indirect cost of performing the maintenance/repairs shall be a lien against the property if the property owner does not submit reimbursement to the city within 45 days.
      (6)   If exceptional circumstances are cited by the City Engineer, the owner shall take immediate action to address the situation and/or the city will direct and cause to have required actions taken. The city's direct or indirect cost of performing the maintenance/repairs shall be a lien against the property if the property owner does not submit reimbursement to the city within 45 days.
      (7)   Self-inspection reports shall be conducted monthly or more often if necessary and maintained on site by the owner and available to the city for all stormwater management systems. Inspection reports for stormwater management systems shall include the following:
         (a)   The date, time and conditions at the time of inspection.
         (b)   Name of the inspector.
         (c)   The condition of (as applicable):
            1.   Vegetation or filter media;
            2.   Fences or other safety devices;
            3.   Spillways, valves, or other control structures;
            4.   Embankments, slopes, and safety benches;
            5.   Reservoir or treatment areas;
            6.   Inlet and outlet channels or structures;
            7.   Underground drainage;
            8.   Sediment and debris accumulation in storage and forebay areas;
            9.   Any nonstructural practices to the extent practicable;
            10.   Any other item that could affect the proper function of the stormwater management system; and
            11.   Detailed description of needed maintenance and schedules.
(Ord. 05-2024, passed 2-7-2024)