(a) Prior to final approval of the SWM Site Plan, the property owner shall sign and record an Operation and Maintenance (O&M) Agreement (see Appendix A) covering all stormwater control facilities which are to be privately owned.
(1) The owner, successor and assigns shall maintain all facilities in accordance with the approved maintenance schedule in the O&M Plan.
(2) The owner shall convey to the Municipality easements to assure access for periodic inspections by the Municipality and maintenance, as necessary.
(3) The owner shall keep on file with the Municipality the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the Municipality within ten (10) working days of the change.
(b) The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M Agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(c) The Municipality is exempt from the requirement to sign and record an Operation and Maintenance Agreement.
(Ord. 32-2011. Passed 10-4-11.)