Article IX. Maintenance

9.1 Maintenance Inspection

A. The Town of Easton 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 3 years thereafter. In addition, a maintenance agreement between the owner and the Town of Easton shall be executed for privately-owned ESD treatment practices and structural stormwater management measures as described in section 9.2 of this Ordinance.

B. Inspection reports shall be maintained by the Town of Easton for all ESD treatment systems and structural stormwater management measures.

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 system 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 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 30 days, or other time frame mutually agreed to between the Town of Easton and the owner, to correct the deficiencies discovered. The Town of Easton shall conduct a subsequent inspection to ensure completion of the repairs.

E. If repairs are not properly undertaken and completed, enforcement procedures following section 9.2 C. of this Ordinance shall be followed by the Town of Easton.

F. If, after an inspection by the Town of Easton, 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 Town of Easton shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County/Municipality shall be assessed against the owner(s), as provided in section 9.2 C. of this Ordinance.

9.2 Maintenance Agreement

A. Prior to the issuance of any building permit for which stormwater management is required, the Town of Easton 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 Town of Easton or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.

B. The agreement shall be in a form approved by the Town Attorney and shall be recorded by the applicant or owner in the land records of the County/Municipality.

C. The agreement shall also provide that, if after notice by the Town of Easton 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 Town of Easton 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. The Town may collect it by such other action at law as it deems appropriate.

9.3 Maintenance Responsibility

A. The owner of a property that contains private stormwater management facilities installed pursuant to this Ordinance, 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 or newly submitted 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 what will perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan.