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seeking the owning entity to comply with the terms and conditions of the <br />Operations and Maintenance Agreement. The County shall not return <br />any of the deposited cash funds. <br />b) Maintenance and Upkeep <br />1. Operation and Maintenance Agreement Required <br />The permit applicant shall enter into a binding Operation and <br />Maintenance Agreement between Orange County and all interests in the <br />development. Said Agreement shall require the . owning entity to <br />maintain, repair and, if necessary, reconstruct the stormwater control <br />structure in accordance with the operation and management plan or <br />manual prepared by the developer. The Operations and Maintenance <br />Agreement shall be filed with the Orange County Register of Deeds. <br />2. Operation and Maintenance Plan Required <br />An operation and maintenance plan or manual shall be provided by the <br />developer for each stormwater control structure, indicating what <br />operation and maintenance actions are needed, what specific <br />quantitative criteria will be used for determining when those actions are <br />to be taken and, consistent with the Operations and Maintenance <br />Agreement, who is responsible for those actions. The Plan shall clearly <br />indicate the steps that will be taken for restoring a stormwater control <br />structure to its design specifications if a failure occurs. <br />3. Landscaping and Grounds Maintenance <br />Landscaping and grounds maintenance shall be the responsibility of the <br />owning entity. However, vegetation shall not be established or allowed <br />to mature to the extent that the integrity of the control structure is <br />diminished or threatened, or to the extent of interfering with any <br />easement or access to the stormwater structure. <br />4. Repair or Reconstruction <br />Except for general landscaping and grounds maintenance, the owning <br />entity shall notify the County prior to any repair or reconstruction of the <br />stormwater structure. All improvements shall be made consistent with <br />the approved plans and specifications of the stormwater control <br />structure and the operations and maintenance plan or m anual. A fter <br />notification by the owning entity, the County Engineer and /or Erosion <br />Control Supervisor shall inform the owning entity of any required <br />additions, changes or modifications and of the time period to complete <br />said improvements. <br />6 -36 <br />