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 operation and maintenance of the stormwater devices. The homeowner’s association must establish officers and the president of the homeowner’s association shall be the primary point of contact regarding management of the SCMs and maintenance.
iii. Town Access Granted . Granting to the Town of Fuquay-Varina a right of entry to inspect, monitor, maintain, repair, and reconstruct SCMs.
iv. Town to Recover Costs . Allowing the Town of Fuquay-Varina to recover from the association and the members any and all costs the Town of Fuquay-Varina expends to maintain or repair the SCMs or to correct any operational deficiencies. Failure to pay the Town of Fuquay-Varina all of its extended cost, after 45 days written notice, shall constitute a breach of the agreement. The Town of Fuquay-Varina shall thereafter be entitled to bring an action against the association to pay or foreclose upon the lien hereby authorized by the agreement against the property, or both, in case of a deficiency. Interest, collection costs,
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