A. 
The Department of Public Works 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, an inspection and maintenance agreement between the owner and the Department of Public Works shall be executed for privately owned ESD treatment practices and structural stormwater management measures as described in § 325-25.
B. 
Inspection reports shall be maintained by the Department of Public Works for all stormwater management systems.
C. 
Inspection reports for stormwater management systems shall include the following:
(1) 
The date of inspection;
(2) 
Name of inspector;
(3) 
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.
(4) 
Description of needed maintenance.
D. 
After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, the owner shall have 30 days, or other time frame mutually agreed to between the Department of Public Works and the owner, to correct the deficiencies. The Department of Public Works shall then conduct a subsequent inspection to ensure completion of the repairs.
E. 
If repairs are not undertaken or are not found to be done properly, then enforcement procedures following § 325-28 shall be followed by the Department of Public Works.
F. 
If, after an inspection by the Department of Public Works, 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 Department of Public Works shall 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 § 325-25C.
A. 
Prior to the issuance of a grading permit for which stormwater management approval is required, the Department of Public Works 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 of Public Works or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards. In addition, the owner shall prepare a beneficial users plan in accordance with the latest stormwater management plan review checklist to be recorded along with the inspection and maintenance agreement in the Cecil County Courthouse.
B. 
The agreement shall be recorded by the applicant and/or owner in the land records of Cecil County.
C. 
The agreement shall also provide that if, after notice by the Department of Public Works to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within 30 days, the Department of Public Works 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.
A. 
The owner of the property on which work has been done for private stormwater management facilities, 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 plans or newly submitted plans.
B. 
A maintenance schedule shall be developed for the life of any stormwater management facility or system of ESD practices and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan.
C. 
If at any time the Department of Public Works or any designated Code Enforcement Officer of the County determines that an owner, builder or developer has failed to perform maintenance activities for an existing stormwater management facility or has failed to finalize the required as-built plans for a stormwater management facility (for which he/she is still responsible), notice shall be sent advising said owner, builder or developer of noncompliance with the approved stormwater management plan, maintenance schedule or inspection and maintenance agreement. Until the required corrective actions have been completed or the necessary documentation submitted to the Department of Public Works' satisfaction, the Department of Public Works and/or any appropriate Code Official of the County shall have the power to suspend review of any applications, permits or plans submitted by said builder or developer, suspend any of the permits issued to said builder or developer, withdraw or revoke any permits issued to said owner, builder or developer and/or deny further permits or plan approvals requested by said owner, builder or developer.