<div class="chunk-title">Sec. 78-81. - Operation and maintenance of engineered stormwater controls.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Operation and maintenance plan.</span>
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            <p class="incr1">
               (1)
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            <p class="content2">
               There shall be an operation and maintenance plan (O&amp;M Plan) for every engineered stormwater
               control. The O&amp;M Plan shall specify all operation and maintenance work necessary for
               the function of all engineered stormwater control components, including the stormwater
               conveyance system, perimeter of the device, inlet(s), pretreatment measures, main
               treatment area, outlet, vegetation, and discharge point.
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            <p class="incr1">
               (2)
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               The O&amp;M Plan shall require the owner to maintain, repair and, if necessary, reconstruct
               the engineered stormwater controls, and shall state the terms, conditions, and schedule
               of maintenance for the engineered stormwater controls. The O&amp;M Plan shall specify
               methods to be used to maintain or restore the engineered stormwater controls to design
               specifications in the event of failure.
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            <p class="incr1">
               (3)
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               The O&amp;M Plan shall be signed by the owner and notarized. The owner shall keep maintenance
               records and these shall be available upon request by the stormwater administrator.
               </p>
            		
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               (b)
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            <p class="content1">
               <span class="ital">Operation and maintenance agreement.</span>
               </p>
            		
            <p class="incr1">
               (1)
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               Prior to the conveyance or transfer of any lot or building site to be served by engineered
               stormwater controls pursuant to this article, and prior to issuance of any permit
               for development requiring engineered stormwater controls pursuant to this article,
               the applicant or owner of the site must enter into an operation and maintenance agreement
               (O&amp;M Agreement) with the stormwater administrator. The O&amp;M agreement shall require
               the applicant or owner to maintain, repair, or reconstruct the engineered stormwater
               controls in accordance with the approved design plans and the operation and maintenance
               plan. The O&amp;M agreement shall be binding on all subsequent owners of the site, portions
               of the site, and lots or parcels served by the engineered stormwater control. Until
               the transference of all property, sites, or lots served by the engineered stormwater
               control, the original owner or applicant shall have primary responsibility for carrying
               out the provisions of the O&amp;M agreement.
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            <p class="incr1">
               (2)
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               The O&amp;M Agreement shall grant to the county a right of entry in the event that the
               stormwater administrator has reason to believe it has become necessary to inspect,
               monitor, maintain, repair, or reconstruct the engineered stormwater control; however,
               in no case shall the right of entry, of itself, confer an obligation on the county
               to assume responsibility for the engineered stormwater controls.
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               (3)
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               The O&amp;M agreement must be approved by the stormwater administrator prior to plan approval,
               and it shall be recorded with the county Register of Deeds upon final plat approval.
               A copy of the recorded O&amp;M agreement shall be given to the stormwater administrator
               within 14 days following its recordation.
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               (c)
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               <span class="ital">Special requirement for homeowners and other associations.</span> The subdivider shall form a homeowners association or some similar type of organization
               to provide for the continuing maintenance of engineered stormwater controls. The association
               so formed shall be required to maintain the engineered stormwater controls and shall
               have the means by which to maintain said system. The restrictive covenants in the
               subdivision must make reference to the requirements stated herein.
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            <p class="historynote0">
               (Ord. of 4-4-2023)
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