iv. Operation & Maintenance Agreement Approval . The operation and maintenance agreement shall be approved by the Stormwater Administrator prior to final plat approval, and it shall be referred to on the final plat and shall be recorded with the Wake County Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within 14 days following the recordation.
v. Operation and Maintenance Plan. There shall be an Operation and Maintenance Plan (O&M Plan) for every SCM, and the plan shall:
1. specify all operation and maintenance work necessary for the function of all SCM components, including the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment measures, main treatment area, outlet, vegetation, and discharge point; 2. require the owner to maintain, repair and, if necessary, reconstruct the SCM, and shall state the terms, conditions, and schedule of maintenance for the SCM. The O&M Plan shall specify methods to be used to maintain or restore SCM to design specifications in the event of failure.
3. be signed by the owner and notarized. The owner shall keep maintenance records, and these shall be available upon request by the Stormwater Administrator.
B. Special Requirement for Homeowners’ & Other Associations . For all SCMs required pursuant to this section that are to be or are owned and maintained by a homeowner’s association, property owner’s association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: i. Association Acknowledges Responsibility . Acknowledgment that the association shall continuously operate and maintain the SCM according to the specifications laid out in the Operation and Maintenance Plan. ii. Collection of Dues for Operation & Maintenance . Pursuant to the responsibilities of the homeowner’s association to maintain and fund inspection of SCMs, the homeowner’s association covenant shall include the right of the homeowner’s association to collect dues for the purposes of supporting the operation, maintenance, and repair of SCMs that are included in the operation and maintenance agreement. The homeowner’s association shall establish in its covenants the ability to assess properties for activities associated with the
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