A. Deed Recordation & Indications on Plat Map . The applicable operations and maintenance agreement and private stormwater easement pertaining to every SCM shall be referenced on the final plat and shall be recorded with the Wake County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the Operations and Maintenance Agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. B. Signage . Where appropriate and in the determination of the Stormwater Administrator to assure compliance with this section, SCMs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. (6) Records of Installation & Maintenance Activities . The owner of each SCM shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the Stormwater Administrator.
(7) Nuisance . The owner of each engineered stormwater control, whether engineered stormwater control or non-engineered stormwater control, shall maintain it so as not to create or result in a nuisance condition.
(8) Private Stormwater Easement . Every SCM installed pursuant to this section shall be made accessible for adequate maintenance and repair by a private stormwater easement. The private stormwater easement shall provide access to the SCM by way of a public right-of- way. The easement shall be recorded, and its terms shall specify who may make use of the easement and for what purposes. The engineered stormwater control will be shown and labeled within the easement. The easement shall be granted in favor of the Stormwater Administrator. (9) Special Tax Districts . The Town of Fuquay-Varina reserves the right to use its authority, under Article 23 of the North Carolina General Statutes to establish a special tax district for the purposes of funding stormwater maintenance and compliance activities.
f.
Enforcement & Violations
(1)
General .
A. Authority to Enforce . The provisions of this section shall be enforced by the Stormwater Administrator or their designee, or any authorized agent of the Town of
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