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Article 6: Development Standards 22 <br /> Section 6.14:Stormwater Management <br /> (iii) The County shall not return any of the deposited cash funds. <br /> (B) Maintenance and Upkeep <br /> (1) Operation and Maintenance Agreement <br /> (a) The permit applicant shall enter into a binding Operation and <br /> Maintenance Agreement between Orange County and all' interests in the <br /> development. <br /> (b) The agreement must include the following: <br /> (i) Name and address of the person or organization financially <br /> responsible for paying the annual inspection fee; <br /> (ii) Name(s)and address(es)of all parties to whom a copy of the <br /> annual inspection report should go; <br /> (iii) Name and address of the person or organization financially <br /> responsible for all maintenance specified in the annual <br /> inspection report; and <br /> (iv) Emergency contact information. <br /> (c) The Agreement shall require the owning entity to maintain, repair and, if <br /> necessary, reconstruct the stormwater control structure in accordance <br /> with the operation and management plan or manual prepared by the <br /> developer. <br /> (d) The Operations and Maintenance Agreement shall be signed and <br /> notarized and filed with the Orange County Register of Deeds. <br /> (e) In residential subdivisions where a Homeowner's Association will be <br /> assuming responsibility for all permanent structural stormwater <br /> measures, a signed and notarized Homeowner's Association Notification <br /> will be required, and a revised maintenance agreement must be <br /> submitted. This must be given to the Orange County Planning <br /> Department before the Land Disturbing Permit may be closed, and any <br /> construction bond held on the permanent structural stormwater <br /> measures may be released. <br /> (f) The owner of each stormwater BMP,whether engineered stormwater <br /> control or non-engineered stormwater control,shall maintain it so as not <br /> to create or result in a nuisance condition. <br /> (g) Every engineered stormwater control installed pursuant to this Ordinance <br /> shall be made accessible for adequate maintenance and repair by a <br /> maintenance easement.The easement shall be recorded and its terms <br /> shall specify who make use of the easement and for what purposes. <br /> (h) The owner of each engineered stormwater control shall keep records of <br /> inspections, maintenances, and repairs and shall submit the same upon <br /> reasonable request to the Erosion Control Officer. <br /> (2) Operation and Maintenance Plan <br /> (a) An operation and maintenance plan or manual shall be provided by the <br /> developer for each stormwater control structure, indicating the following: <br /> (i) What operation and maintenance actions are needed, <br /> (ii) What specific quantitative criteria will be used for determining <br /> when those actions are to be taken, and <br /> (iii) Who is responsible for those actions, consistent with the <br /> Operations and Maintenance Agreement. <br /> Orange County,North Carolina—Unified Development Ordinance Page 6-109 <br />