A. 
The Department shall ensure that preventive 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 year thereafter and after each major storm event or upon receiving a citizen complaint. In addition, a maintenance agreement between the owner and the City shall be executed for privately owned ESD treatment practices and structural stormwater management measures as described in § 169-31 of this chapter.
B. 
Inspection reports shall be maintained by the Department for all ESD treatment systems and structural stormwater management measures in accordance with the rules and regulations or COMAR 26.17.01.11.
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 to the extent practicable; and
(j) 
Any other item(s); including brush, fill, rubbish or garbage 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 the time frame mutually agreed to between the Department and the owner, but no more than 45 days to correct the deficiencies discovered. The Department shall conduct subsequent inspections to ensure completion of the repairs. In the event of a violation, the owner will be charged for any and all compliance inspection fee(s) at the rate prescribed in the City's Fee Schedule.[1]
[1]
Editor's Note: See Ch. 70, Fees.
E. 
If repairs are not properly undertaken and completed, enforcement procedures following §§ 169-31D and 169-36 of this chapter shall be followed by the Department.
F. 
If, after an inspection by the Department, 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, the Department shall take such action as may be necessary to protect the public and make the facility safe. Any and all costs incurred by the Department shall be assessed against the owner(s), as provided in § 169-31D of this chapter.
A. 
Prior to the issuance of any building permit for which stormwater management is required, the City 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 the Department, or its authorized representative(s), to ensure that the facility is maintained in proper working condition to meet design standards. The agreement shall include a map with the addresses of all beneficial users of the stormwater management facility. The map will be approved by the Department prior to recordation of the agreement.
B. 
The agreement shall be recorded by the applicant or owner in the land records of Harford County.
C. 
The agreement shall be transferable; in the event of the selling of the property which contains the stormwater management facility, and the Department shall be notified of the new owner(s) and their contact information at time of sale.
D. 
The agreement shall also provide that if, after notice by the Department to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (45 days maximum), the Department may have the work performed to place the facility in proper working condition. The owner(s) of the facility shall be assessed any and all costs for the work, all inspection fees 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 City. In addition, the City may institute, at its discretion:
(1) 
Revocation of all existing permits issued to the owner(s) of the stormwater management facility in the City, until the problem has been corrected.
(2) 
Denial of all future City permits to the owner(s) of the stormwater management facility until the problem has been corrected.
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 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 the approved plans.
B. 
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 accompany and become apart of the approved stormwater management plan and become apart of the aforementioned agreement that is recorded at the land records of Harford County.
A. 
A maintenance bond or other approved security, in a form and manner prescribed by the City Attorney, shall be posted for a minimum period of 24 months following the approval of the as-built plan. The bond or other security shall cover latent defects in labor and/or material required to maintain all grade surfaces, walls, drains, dams, structures, slopes, vegetation, stormwater control measures and other protective devices and/or damages resulting from construction equipment and vehicles doing work in that portion of the area covered by the terms of the permit. The amount of the bond or security shall be determined by the Department and be not less than 25% of the construction cost.
B. 
Prior to the end of the twenty-four-month period covered by the bond, the Department will perform a final inspection of the facility.
(1) 
Should this inspection determine that the facility is in good working order and repair, the bond shall be returned.
(2) 
Should this inspection find fault with any of the work, the bond shall remain in force. Notice shall be given to the permit holder as to the remedial work required and the time frame allotted for completion.
(3) 
If compliance is not made within the time specified, the Department shall proceed, without delay and without further notice or proceeding whatsoever, to use the maintenance bond or any portion thereof to complete the required work by contract or otherwise at the discretion of the Department.
C. 
Prior to the release of the maintenance bond, the developer shall deed, to the person(s) responsible for the maintenance of the facility, title to the open space or parcel where the facility is located. The title, along with the maintenance requirements, to be assumed by the person(s) to whom the facility is to be deeded must be recorded in the land records of Harford County.