ORD-2012-011 Amendments to Unified Development Ordinance (UDO/Zoning 2012-08)

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