A.Â
Wicomico County shall ensure that preventative maintenance is performed by inspecting all ESD treatment systems and structural stormwater management measures. 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 Wicomico County shall be executed for privately owned ESD treatment practices and structural stormwater management measures as described in § 196-24 of this chapter.
B.Â
Inspection reports shall be maintained by Wicomico County for all
ESD treatment systems practices and structural stormwater management
measures.
C.Â
Inspection reports for ESD treatment systems and structural stormwater
management measures shall include the following:
(1)Â
The date of inspection;
(2)Â
Name of inspector;
(3)Â
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)Â
The condition of:
(a)Â
Vegetation or filter media;
(b)Â
Fences or other safety devices;
(c)Â
Spillways, valves, or other control structures;
(d)Â
Embankments, slopes, and safety benches;
(e)Â
Reservoir or treatment areas;
(f)Â
Inlet and outlet channels or structures;
(g)Â
Underground drainage;
(h)Â
Sediment and debris accumulation in storage and forebay areas;
(i)Â
Any nonstructural practices to the extent practicable; and
(j)Â
Any other item that could affect the proper function of the
stormwater management system.
(5)Â
Description of needed maintenance.
D.Â
Upon notifying an owner of the inspection results, the owner shall
have 30 days, or other time frame mutually agreed to between Wicomico
County and the owner, to correct the deficiencies discovered. The
Wicomico County Department of Public Works shall conduct a subsequent
inspection to ensure completion of the repairs.
E.Â
If repairs are not properly undertaken and completed, enforcement procedures following § 196-24C of this chapter shall be followed by Wicomico County.
F.Â
If, after an inspection by the Wicomico County Department of Public Works, the condition of a stormwater management facility is determined to present an immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, Wicomico County shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the county/municipality shall be assessed against the owner(s), as provided in § 196-24C of this chapter.
A.Â
Prior to the issuance of any building permit for which stormwater
management is required, Wicomico County shall require the applicant
or owner to execute an inspection and maintenance 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 Wicomico County or
its authorized representative to ensure that the facility is maintained
in proper working condition to meet design standards.
B.Â
The agreement shall be recorded by the applicant or owner in the
land records of the county/municipality.
C.Â
The agreement shall also provide that if, after notice by Wicomico
County to correct a violation requiring maintenance work, satisfactory
corrections are not made by the owner(s) within a reasonable period
of time (30 days maximum), Wicomico 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.
This may be accomplished by placing a lien on the property, which
may be placed on the tax bill and collected as ordinary taxes by the
county/municipality.
A.Â
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 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.Â
A maintenance schedule shall be developed for the life of any structural
stormwater management facility or system of ESD practices 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.