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Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this chapter and legal arrangements for the upkeep of stormwater facilities to assure their functionality and safety in accordance with this chapter.
Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each stormwater management facility unless the facility is dedicated to and accepted by the town. (1)
Recognition of municipal inspection requirements. Maintenance agreements shall allow the town to regularly conduct on-site inspection of the functionality and safety of stormwater management facilities. Inspection schedules shall be based on the complexity and frequency of maintenance needs and shall be determined by the town.
(2)
Record keeping for maintenance activities. Maintenance agreements shall include provisions for maintenance record keeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the stormwater management facility owner or other responsible party pursuant to this chapter. Review of the maintenance and inspection log shall be completed by the town to determine the effectiveness of operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the town.
(3)
Responsibility for maintenance to assure functionality and safety. Appropriate maintenance to assure functionality and safety of stormwater management facilities shall be the responsibility of the owner or may be assumed by another party via a written contractual arrangement in accordance with this chapter.
(4)
Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the building official and the department of public works. If portions of the land serviced by a stormwater management facility are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to review and approval of the building official. All alterations to maintenance agreements shall be recorded in accordance with this chapter.
(5)
Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the town. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this chapter shall be the responsibility of the owner.
(Ord. of 3-7-22, § 3)