A.
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.
B.
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:
(1)
Date of inspections;
(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 or forebay areas;
(i)
Any nonstructural practice to the extent possible; and
(j)
Any other item that could affect the proper function of the
stormwater management system; and
(5)
Description of needed maintenance.
C.
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.
E.
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).
A.
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.
B.
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.
C.
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.
A.
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.
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
on the stormwater management plan.
