The text
(a)
Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this chapter and legal arrangements for the upkeep of storm water facilities to assure their proper function and safety in accordance with this chapter.
(b)
After final construction is completed, the owner or responsible person shall maintain "as built" plans of storm water management practices located onsite. The plans must show the final design specifications for all storm water management facilities and must be certified by a professional engineer.
(c)
Maintenance agreements, which describe maintenance schedules and requirements, must be developed for each storm water management facility unless the facility is dedicated to and accepted by the town. Schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of the town. At a minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
(d)
Right of entry. Upon the presentation of credentials and other documents, as may be required by law, or if authorized by the owner or other party in control of the property, the director of public works, building inspector, and other town representatives designated by the building inspector or director of public works may enter upon privately owned property for the purpose of performing their duties under this chapter and may make or cause to be made such inspections as the town deems reasonably necessary.
(e)
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 storm water 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 onsite inspection. Additional reviews may be made as deemed appropriate by the town.
(f)
Responsibility for maintenance to assure function and safety. Appropriate maintenance to assure function and safety of storm water management facilities shall be the responsibility the owner or may be assumed by another party via a written contractual arrangement in accordance with this chapter.
(g)
Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the planning board or designee. If portions of the land serviced by a storm water 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 planning department or designee. All alterations to maintenance agreements shall be made and recorded in accordance with this chapter.
(h)
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 1-12-2010)