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. 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
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