(a) Purpose of maintenance agreement. The purpose of the maintenance agreement is to provide the means and assurance that perpetual, long-term maintenance of stormwater BMPs shall be provided for and undertaken. A maintenance agreement shall be submitted to the City for review by the City Engineer and his/her designee, and shall be subject to approval in consistent with the approved stormwater management plan and BMP construction plans and specifications.
(b) Responsible party.
(1) The responsible party named in the recorded stormwater maintenance agreement shall maintain in good condition and promptly repair and restore all structural and non-structural stormwater BMPs and all necessary access routes and appurtenances. Such repairs or restoration and maintenance shall be in accordance with the approved stormwater BMP construction plans and specifications and the stormwater maintenance agreement.
(2) The responsible party shall make records of installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the City during inspection of the practice and at other reasonable times upon request.
(c) Maintenance agreement provisions.
(1) The maintenance agreement shall provide for routine, emergency, and long-term maintenance of all stormwater BMPs.
(2) The maintenance agreement shall be binding on all subsequent owners of land served by the stormwater BMPs and shall be recorded in the office of the appropriate County Register of Deeds prior to the effectiveness of the approval of the City.
(3) If it has been found by the City, following notice and an opportunity to be heard by the property owner, that there has been a material failure or refusal to undertake maintenance as required under this chapter and/or as required in the approved maintenance agreement as required hereunder, the City Engineer shall then be authorized, but not required, to hire an entity with qualifications and experience in the subject matter to undertake the monitoring and maintenance as so required, in which event the property owner shall be obligated to advance or reimburse payment (as determined by the City) for all costs and expenses associated with such monitoring and maintenance, together with a reasonable administrative fee. The maintenance agreement required under this chapter shall contain a provision spelling out this requirement and, if the applicant objects in any respect to such provision or the underlying rights and obligations, such objection shall be resolved prior to the commencement of construction of the proposed development on the property.
