The approving authority shall ensure that preventive maintenance is preformed by inspecting all ESD treatment systems and structural stormwater management measures. Inspections shall occur during the first year of operation and then at least once every three years thereafter. A maintenance agreement between the property owner and the approving authority shall be executed for privately owned ESD treatment practices and structural stormwater management measures as described in this chapter.
Inspection reports will be maintained by the approving authority for all ESD treatment systems and structural stormwater management measures. Inspection reports shall include the following:
Date of inspections;
Name of inspector;
An assessment of the quality of the stormwater management system related to ESD treatment practice efficiency and the control of runoff to the MEP;
The condition of:
Vegetation or filter media;
Fences or other safety devices;
Spillways, valves, or other control structures;
Embankments, slopes, and safety benches;
Reservoir or treatment areas;
Inlet and outlet channels or structures;
Sediment and debris accumulation in storage or forebay areas;
Any nonstructural practice to the extent possible; and
Any other item that could affect the proper function of the stormwater management system; and
Description of needed maintenance.
After notification is provided to the owner of the inspection results, the owner shall have 30 days, or other time frame to which the approving authority and the owner mutually agree, to correct the deficiencies. The approving authority shall then conduct an inspection to ensure completion of the repairs.
If, after an inspection by the approving authority, the condition of a stormwater management facility presents an imminent danger to the public health or safety, because of an unsafe condition, improper construction, or poor maintenance, the approving authority shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the approving authority shall be assessed against the owner(s).
Prior to the issuance of any building permit for which stormwater management is required, the approving authority shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by the private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspection by the approving authority, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provisions established.
The agreement shall be recorded by the applicant and/or owner with the Kent County Clerk of Court. A copy of the recorded agreement shall be returned to the approving authority and to the Town of Rock Hall.
The agreement shall also provide that if, after notice by the approving authority 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), the approving authority 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, and there shall be a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the Town of Rock Hall.
The owner of the property on which work has been done pursuant to this chapter 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, state 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.
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 on the stormwater management plan.