A.
The Department shall ensure that preventative maintenance is performed
by inspecting all ESD and other stormwater management systems. Inspection
shall occur during the first year of operation and at least once every
three years thereafter. In addition, a maintenance and inspection
agreement between the owner and Queen Anne's County shall be
executed as described in this chapter.
B.
Inspection reports shall be maintained by the Department for all
ESD and other stormwater management systems.
C.
Inspection reports for ESD and other stormwater management systems
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 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.
Upon notifying an owner of the inspection results, the owner shall
have 30 days (unless additional time is granted) to correct the deficiencies
discovered. A subsequent inspection shall be conducted to ensure completion
of the repairs.
E.
If repairs are not properly undertaken and completed, enforcement procedures following § 14:4-38C of this chapter shall be followed by Queen Anne's County.
F.
If, after an inspection, the condition of a stormwater management
system is determined to present an immediate danger to public health
or safety because of an unsafe condition, improper construction, or
poor maintenance, Queen Anne's County may take such action as
may be necessary to protect the public and make the facility safe.
Any cost incurred by the County shall be assessed against the owner(s),
as provided in this chapter.
A.
Prior to the issuance of any building permit for which stormwater
management is required, the applicant or owner shall execute an maintenance
and inspection agreement binding on all subsequent owners of land
served by a private stormwater management facility. Such agreement
shall provide for access to the facility at reasonable times for regular
inspections by the Department or its authorized representative to
ensure that the facility is maintained in proper working condition
to meet design standards.
B.
The agreement shall be recorded by the applicant or owner in the
land records office of the County. The original recorded maintenance
and inspection agreement shall be returned to the Department.
C.
The agreement shall also provide that, if after notice by Queen Anne's
County to correct a violation requiring maintenance work, satisfactory
corrections are not made by the owner(s) within a reasonable period
of time, Queen Anne's County may perform all necessary work to
place the facility in proper working condition. The owner(s) of the
facility shall be assessed the cost of the work and any penalties,
which shall be a lien against the property benefitted and shall be
collected in the same manner as County real estate taxes.
A.
The owner of a property that contains private stormwater management
facilities installed pursuant to this chapter, or any other person
or agent in control of such property, shall maintain in good condition
and promptly repair and restore all stormwater management systems,
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 for the life of any stormwater
management system and shall state the maintenance to be completed,
the time period for completion, and the responsible party that will
perform the maintenance. This maintenance schedule shall be printed
on the approved stormwater management plan.
