Erosion, Flood, Stormwater & Watershed Standards 12.5 Stormwater Management
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development or redevelopment requiring structural SCM pursuant to this ordinance, 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 structural SCM. Until the transference of 80% of all property, sites, or lots served by the structural SCM, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. 2. The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural SCM, and shall state the terms, conditions, and schedule of maintenance for the structural SCM. In addition, it shall grant to Town of Wake Forest a right of entry in the event that the Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural SCM; however, in no case shall the right of entry, of itself, confer an obligation on Town of Wake Forest to assume responsibility for the structural SCM. 3. The operation and maintenance agreement must be approved by the Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Administrator within 14 days following its recordation. F. Special Requirement for Homeowner s’ and Other Associations: For all structural SCMs required pursuant to this ordinance and that are to be or are owned and maintained by a homeowne rs’ association, property owners ’ association, or similar entity, the required operation and maintenance agreement shall include all the following provisions: 1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities. 2. Establishment of an account, which can be spent solely for sediment removal, structural, biological, or vegetative replacement, major repair, or reconstruction of the structural SCMs. If structural SCMs are not performing adequately or as intended or are not properly maintained, the Town of Wake Forest may remedy the situation, and in such instances the Town of Wake Forest shall be fully reimbursed from the account. Account funds may be spent by the association for sediment removal, structural, biological, or vegetative replacement, major repair, and reconstruction of the structural SCMs, provided that the Town of Wake Forest shall first consent to the expenditure. 3. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the account an amount equal to 15% of the initial construction cost of the structural SCMs. Two-thirds of the total amount of sinking fund budget shall be deposited into the account within the first 5 years and the full amount shall be deposited within 10 years following initial construction of the structural SCMs. Funds shall be deposited each year into the account. Any funds drawn down from the account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget. 4. The percent of developer contribution and lengths of time to fund the account may be varied by the Town of Wake Forest depending on the design and materials of the stormwater control and management facility. 5. Granting to the Town of Wake Forest a right of entry to inspect, monitor, maintain, repair, and reconstruct structural SCMs.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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