A.
Stormwater management facilities in commercial, industrial, or institutional
developments shall be privately maintained. A maintenance agreement
specifying maintenance responsibilities and procedures shall be executed
among all property owners in the development and shall be binding
on all subsequent property owners. Said maintenance agreement shall
be submitted to the Town designee for review and approval concurrent
with the developer's engineer's certification of compliance.
B.
The maintenance agreement shall provide that the Town designee shall
have access to periodically inspect stormwater facilities and to require
any maintenance actions necessary to ensure proper functioning.
C.
Failure to perform maintenance as determined necessary by the Town
designee shall be considered a violation of this article.
Stormwater management facilities in residential developments
shall be accepted for maintenance by the Town after the following
requirements have been met:
A.
All construction work shall be completed in accordance with the approved
plans and specifications, including the establishment of an acceptable
stand of vegetation where required.
B.
An acceptable fee simple deed to the land on which the facility is
situated shall be presented to the Town. The area deeded shall include
adequate access to and around the facility for purposes of maintenance.
Unless otherwise approved by the Town's designee, the access
to or around the facility shall not be less than 20 feet wide.
C.
Upon Town acceptance of all construction work and required deeds,
the developer will be required to provide to the Town a twelve-month
guarantee of all workmanship and materials used in the construction
of the facility. The guarantee shall be in the form of a surety acceptable
to the Mayor and Council, and the amount of the surety shall be as
established by the Town designee.
D.
As applicable, the procedure for Town acceptance of stormwater management
facilities and the furnishing of the required twelve-month guarantee
for said facilities shall be the same as that in effect for other
public improvements in residential subdivisions. Where practical,
such acceptance and guarantee shall be simultaneous with the acceptance
and guarantee of those other subdivision improvements.
E.
The developer shall be responsible for the maintenance of the stormwater
management facility and for any corrective work required on said facility
during the construction of the same. Said developer shall also be
responsible for any corrective work required during the aforementioned
twelve-month guarantee period.
F.
Approved plans and specifications must comply with all applicable
state and county laws, regulations and requirements, including the
County Stormwater Management Ordinance, by whatever name it may be
formally known, and approved by the county authorities who administer
that ordinance on behalf of the county.
A.
Construction of all stormwater management facilities shall be subject
to inspection by the Town designee. All inspection methods and procedures
used shall be in conformance with the regulations of the State Department
of the Environment.[1]
B.
The Town designee shall be responsible for keeping a record of each
inspection and any disapprovals or contingent requirements. A final
report shall be filed with the Town designee on behalf of the Town
with a copy to the County Soil Conservation District. Said report
shall contain the certification of compliance of the developer's
engineer, as well as any as-built plans, supplementary inspection
reports, and laboratory or field testing results.
C.
The developer may be required to submit as-built plans of stormwater
management facilities certified by an engineer as meeting or exceeding
the requirements of the approved plans and specifications. The developer
shall submit with the as-built plans a schedule of maintenance to
indicate proper maintenance procedures for private facilities not
subject to public ownership and maintenance. The Town designee shall
determine the necessity for the submission of as-built plans for each
specific project and shall specify the information to be included
on such plans.
D.
Preventive maintenance shall be ensured through inspection of all
infiltration systems and retention or detention structures by the
Town designee. The inspection shall occur during the first year of
operation and at least once every three years thereafter.
E.
Inspection reports shall be permanently maintained by the Town designee
and the Town of Smithsburg.
