§ 34-9. Operations and maintenance requirements.

(a)

For all projects other than residential or duplex development on individual lots.

(1)

An operations and maintenance agreement based on the operations and maintenance plan shall be executed by the owner or amongst the owners and approved by the town prior to issuance of a certificate of compliance.

(2)

The operations and maintenance agreement:

a.

Shall require the owner or owners to maintain, repair, and if necessary, reconstruct the stormwater management features, and

b.

Shall state the terms, conditions, and schedule of maintenance for the stormwater management features, and

c.

May grant to the town a right of entry into the property to inspect, monitor, maintain, repair, or reconstruct the stormwater management features. However, in no case shall the right of entry confer an obligation on the town to assume responsibility for the stormwater management features.

(3)

Operations and maintenance agreement recordation requirements. Prior to issuance of a certificate of compliance for any project served by stormwater management features required by this chapter, the operations and maintenance agreement shall be recorded as a deed restriction or protective covenant with the Dare County Register of Deeds Office binding all subsequent property owners to compliance with the agreement.

(b)

The town-approved stormwater management system shall not be altered without approval of the town engineer.

(c)

Failure to maintain on-site stormwater management facilities shall be grounds for a notice of violation, civil penalties and possible revocation of occupancy permits in accordance with town Code section 1-6.

(Ord. No. 18-12-017 , Pt. III, 12-5-2018)