A. 
Prior to the recordation of a final subdivision plat, or the issuance of a building permit where no subdivision is taking place, and for any development of property which will require stormwater management, an easement/maintenance agreement(s) necessary for perpetual maintenance of ESD treatment systems and structural BMPs shall be executed by all those having an interest in the property to be affected and shall be recorded among the land records.
B. 
The easement/maintenance agreement shall be binding on all subsequent property owners. The easement/maintenance agreement shall:
(1) 
Provide for the creation of an easement for all ESD treatment systems and structural BMPs;
(2) 
Provide for the Town to have access for inspection and/or maintenance of the ESD treatment systems and structural BMPs;
(3) 
Specifically identify all lots or parcels that are benefitted by the ESD treatment systems and structural BMPs;
(4) 
Specify the party or entity (e.g., a property owners' association) that is responsible for maintenance of ESD treatment systems and structural BMPs; and
(5) 
Provide that upon receipt of notice of any problems or deficiencies in the ESD treatment systems or structural BMPs the responsible party will correct problems as ordered by the Town. If the requested corrections are not made within 30 days, the Town may, at its option, perform all the necessary work to bring the ESD planning techniques and practices and structural BMPs into compliance with statutory requirements, and the owner of the land(s) upon which the facility is located and any benefitted property may be assessed for the cost of the work. If not paid within 30 days, the assessment shall create a lien on the property upon which the facility is located or any benefitted property and may be included in the tax bill and collected as taxes by the Town.
C. 
Satisfactory proof of the identities of all those having an interest in the encumbered and benefitted property shall be provided to the Town in a form acceptable to the Town.
D. 
To the extent the Town agrees to accept maintenance responsibility or ownership of ESD planning techniques and practices and structural BMPs, these facilities shall be maintained by an agency appointed by the Town. The Town reserves the right to set up storm drainage districts to pay for this service.
A. 
The Town shall ensure that preventative maintenance is performed by inspecting all ESD treatment systems and structural BMPs. Inspection shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance agreement between the owner and the Town shall be executed for privately owned ESD treatment practices and structural stormwater management measures as described in § 375-903 of this chapter.
B. 
Inspection reports shall be maintained by the Town for all ESD treatment systems and structural BMPs.
C. 
Inspection reports for ESD treatment systems and structural BMPs shall include the following:
(1) 
The date of inspection;
(2) 
Name of inspector;
(3) 
An assessment of the quality of the stormwater management system related to ESD treatment system efficiency and the control of runoff to the MEP;
(4) 
The condition of:
(a) 
Vegetation or filter media;
(b) 
Fences or other safety devices;
(c) 
Spillways, valves, or other control structures;
(d) 
Embankments, slopes, and safety benches;
(e) 
Reservoir or treatment areas;
(f) 
Inlet and outlet channels or structures;
(g) 
Underground drainage;
(h) 
Sediment and debris accumulation in storage and forebay areas;
(i) 
Any nonstructural practices to the extent practicable; and
(j) 
Any other item that could affect the proper function of the stormwater management system.
(5) 
Description of needed maintenance.
D. 
After notifying an owner or other responsible person of the inspection results, the owner or other responsible person shall have 30 days, or other time frame mutually agreed to between the Town and the owner or other responsible person, to correct the deficiencies discovered. The Town shall conduct a subsequent inspection to ensure completion of the repairs.
E. 
If repairs are not properly undertaken and completed, the enforcement procedures described in Article XII of this chapter shall be followed.
F. 
If, after an inspection by the Town, the condition of ESD treatment systems or structural BMPs is determined to present an immediate danger to public health or safety, the Town shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the Town shall be assessed against the owner(s) or other responsible person(s), as provided in § 375-901B(5) of this chapter.
A. 
The person responsible for maintenance of ESD treatment systems and structural BMPs, shall maintain in good condition and promptly repair and restore all ESD practices, grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices in perpetuity. Such repairs or restoration and maintenance shall be in accordance with previously approved or newly submitted plans.
B. 
A maintenance schedule shall be developed and shown on the approved final SWM plan, and shall indicate the necessary maintenance and frequency thereof.
C. 
ESD treatment systems and structural BMPs shall be owned and maintained by a property owners' association, a private property owner, or another private person. Only those ESD planning techniques and practices and structural BMPs that provide a recreational benefit and access to the general public may be considered for acceptance and maintenance by the Town; provided that: (1) the request for public maintenance is made prior to approval of the SWM concept plan; and (2) the Town and any affected county agency provides an affirmative recommendation to the Town. ESD planning techniques and practices and structural BMPs to be dedicated to the Town shall be maintained by the developer until such time as they are accepted by the Town. To the extent the Town agrees to accept ESD treatment systems and structural BMPs, the facilities shall be maintained by an agency appointed by the Town. The Town reserves the right to set up storm drainage districts to pay for this service.