operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit and/or maintenance agreement. In the event of a default triggering the use of installation performance security, the Town of Fuquay-Varina shall not return any of the unused deposit cash funds or other security, which shall be retained for maintenance. iii. Cost in Excess of Performance Security . If the Town of Fuquay-Varina takes action upon such failure by the applicant or owner, the Town of Fuquay-Varina may collect from the applicant or owner for the difference should the amount of the reasonable costs of such action exceed the amount of the security held, in addition to any other penalties or damages due. iv. Refund . Within 60 days of the final approval, the installation performance shall be refunded to the applicant or terminated, with the exception of any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the SCMs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released.
(5)
Notice to Owners
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
Made with FlippingBook interactive PDF creator