Prior to the issuance of any approval that has
a stormwater management facility, the applicant or developer must
execute a maintenance easement agreement that shall be binding on
all subsequent landowners served by the stormwater management facility.
The easement shall be in a form acceptable to the Town Attorney and
shall provide for access to the facility at reasonable times for periodic
inspection by the Town of Southeast to ensure that the facility is
maintained in proper working condition to meet design standards and
any other provisions established by this chapter. The easement shall
be recorded by the grantor in the office of the County Clerk after
approval by the Town Attorney for the Town of Southeast.
The applicant shall submit a plan for ownership,
construction, operation and maintenance of stormwater facilities.
This plan shall provide for the inspection, operation and maintenance
of each and every component of such facilities and shall specify the
methods and procedures to be used to provide and ensure the funds
required for such inspection, operation and maintenance and who will
be responsible therefor. A four-year performance guaranty shall be
provided for the entire stormwater management system by the developer
to cover any modifications, corrections, or material failures. In
addition, the developer shall fund or otherwise guarantee an inspection
and maintenance program for a period of no less than 10 years. The
Town may require the creation of a stormwater drainage special district
to collect revenue and to fund inspection, operation and maintenance
of such facilities under the coordination of the Town Engineer and/or
Highway Superintendent.