A. 
By inspecting all ESD treatment systems and structural stormwater management measures, the Town shall ensure that preventative maintenance is performed. Inspections shall occur during the first year of operation and at least once every three years thereafter. In addition, for privately owned ESD treatment practices and structural stormwater management measures, a maintenance agreement between the owner and Town shall be executed as described in § 281-25 of this chapter.
B. 
Inspection reports shall be maintained by the Town for all ESD treatment systems and structural stormwater management measures.
C. 
Inspection reports for ESD treatment systems and structural stormwater management measures 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 practice 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, including those on privately owned residential or commercial lots; and
(j) 
Any other element that could affect the proper functioning of the stormwater management system.
(5) 
Description of needed maintenance.
D. 
The enforcement authority shall provide to the owner notification of any deficiencies discovered through the inspection. After notification is provided, the owner shall have 30 days, or other time limit mutually agreed to between the enforcement authority and the owner, within which to correct the deficiencies. The enforcement authority shall then cause to be conducted a subsequent inspection to ensure that repairs have been completed.
E. 
If repairs are not undertaken or are not completed properly, then enforcement procedures following Subsection D of § 281-25 of this chapter shall be followed by the enforcement authority.
F. 
If, after an inspection, the condition of a stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, 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, as provided in Subsection D of § 281-25 of this chapter.
A. 
Prior to the issuance of any grading or building permit relating to a private stormwater management system or practice, the owner of the subject stormwater management system or practice shall execute an inspection, maintenance, and operation agreement with the Town that is binding on the owner and all subsequent owners of land served by the subject stormwater management system, or served by the stormwater management system of which the subject stormwater management practice is a part. Such agreement shall provide for access to the subject stormwater management system or practice at reasonable times for regular inspections by the enforcement authority at the owner's expense to ensure that the subject stormwater management system or practice is maintained in proper working condition to meet the stormwater management plan as approved and the design standards of this chapter. Further, such agreement shall require that the owner or its successor in interest shall perpetually operate, maintain, repair, and replace the subject stormwater management system or stormwater management system of which the subject stormwater management practice is a part.
B. 
A maintenance agreement shall be promptly recorded in the land records of Talbot County, Maryland, by the owner, and a copy of the recording receipt and a copy of the inspection, maintenance, and operation agreement containing the recording stamp of the Clerk of Court, including the date and time of recording, shall be promptly furnished by the owner to the Town.
C. 
Before commencing operation of a private stormwater management system, the owner of said private stormwater management system shall provide to the Town a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Town for the maintenance of all stormwater management practices which are a part of the private stormwater management system. The amount of the security shall not be less than the total estimated by the Town to reasonably secure the maintenance of the private stormwater management system. The bond required in this section shall include provisions relative to forfeiture for failure to maintain the private stormwater management system in accordance with the maintenance agreement relating to said private stormwater management system, the provisions of this chapter, and other applicable laws and regulations, and any time limitations.
D. 
The inspection, maintenance, and operation agreement shall also provide that, after notification by the Town under § 281-24D, if satisfactory corrections have not been made by the owner within the time period specified, the Town may temporarily or permanently perform, or cause the performance of, all or any part of the operations, maintenance, repairs, and/or replacements of the subject stormwater management system or the stormwater management system of which the subject stormwater management practice is a part, and may operate, or place in condition to operate as designed in the approved stormwater management plan, the subject stormwater management system or the stormwater management system of which the subject stormwater management practice is a part. The owner of the facility shall be assessed with any penalties associated with such violations and/or deficiencies, and with the cost incurred by the Town in performing or causing the performance of the operations, maintenance, repairs, and/or replacements which were initiated by the Town as the result of such violations and/or deficiencies. This may be accomplished by the Town placing a lien against the property which is served by the subject stormwater management system in violation, or by the stormwater management system of which the subject stormwater management practice in violation is a part. Such lien, up to the amount of the costs incurred by the Town in making such maintenance, repairs, replacements, and/or operation, plus the collection costs, shall be placed against such parcels of real property served by the stormwater management system in the same proportion as such parcels of real property are assessed and billed for contributions to revenue to cover the regular operating budget by the homeowners' or community association of which the owners of such properties are members. If and to the extent not voluntarily paid within 30 days after bills are mailed to the property owners, then such costs incurred by the Town may be collected by the Town in the same manner as unpaid real property taxes are collected by the Town according to Maryland law, except that to the extent permissible by Maryland law there shall be no waiting period between the placing of the due date of the payment, the placing of the lien, and the commencement of the procedures to sell the property.
A. 
The owner of the property on which work has been done pursuant to this chapter for a private stormwater management system or a private stormwater management practice, or any other person or agent in control of such property, shall operate and maintain in good condition and promptly repair and restore all ESD practices, structural stormwater management measures, including but not limited to all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such operation, maintenance, repairs and/or restoration shall be in accordance with the approved stormwater management plan and this chapter.
B. 
An inspection and maintenance schedule shall be developed for the entire life of every private stormwater management facility or system of ESD practices and shall state the frequency and nature of the inspections, the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This inspection and maintenance schedule shall be printed on the approved stormwater management plan.
C. 
The owner of a private stormwater management system shall maintain complete records relating to that system, including but not limited to the following:
(1) 
Operating budget;
(2) 
Capital budget;
(3) 
Assessments to the owners of properties served by the system;
(4) 
All documents relating to inspections or testing of the system;
(5) 
All documents relating to repairs, maintenance and replacements of the system, including engineering plans and specifications, and the cost thereof;
(6) 
Audits; and
(7) 
All other documents which the Town may, in its sole discretion, request.
D. 
The owner of a private stormwater management system shall at least annually, and more frequently as requested by the Town, supply to the Town all such records as are requested by the Town relating to that private stormwater management system.
E. 
The enforcement authority shall have the discretion to require the owner of a private stormwater management system to submit to the Town a performance security prior to issuance of the permit approving such private stormwater management system, or component thereof, in order to insure that the stormwater management practices and system are maintained by the owner as required by the approved stormwater management plan and this chapter. The amount of the maintenance performance security shall be determined by the Town, not to exceed the maintenance costs estimated in the stormwater management plan for the period during which the owner has operating and maintenance responsibility. The maintenance performance security shall contain forfeiture provisions for failure to maintain the stormwater management system in accordance with the approved maintenance plan relating to the private stormwater management system to which the maintenance performance security relates. Upon the termination of the owner's duties to operate and maintain a private stormwater management system, and the satisfactory completion of such operation and maintenance, such maintenance performance security shall be released.