Land Development Ordinance - Amended 9-2-2025

6. The original signature and seal of the engineer, surveyor or landscape architect.

ii. Stormwater Administrator Forms . All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one (1) year from the date of as-built certification and each year thereafter on or before the date of the as-built certification.

(2) Operation & Maintenance of Engineered Stormwater Control Measures (SCMs).

A. General . The following standards and responsibilities shall apply to all operation and maintenance agreements:

i. Homeowners’ Association Established . For subdivisions, the Town requires that a homeowners’ association (HOA) be formed if only for the purpose of completing the construction, maintenance, and inspection responsibilities as set forth by this section. The HOA structure and responsibilities shall be established during the preliminary platting process for the subdivision. ii. Execute Operation & Maintenance Agreement . Prior to the conveyance or transfer of any lot or building site to be served by a SCM pursuant to this section, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the SCM. Until the transference of all property, sites or lots served by the SCM, the original owner or applicant shall have primary responsibility for carrying out the provisions of this maintenance agreement. Transference to a properly formed HOA can occur as set forth in e. Maintenance, (2), B, viii. iii. Maintenance & Repair . The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the SCM, and shall state the terms, conditions, and schedule of maintenance of the SCM. In addition, the owner or applicant shall grant to the Town of Fuquay-Varina a right of entry in the event that the Stormwater Administrator has reason to believe that it has become necessary to inspect, monitor, maintain, repair, or reconstruct the SCM; however, in no case shall the right of entry, of itself confer an obligation on the Town of Fuquay-Varina to assume responsibility for the SCM.

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