Erosion, Flood, Stormwater & Watershed Standards 12.5 Stormwater Management
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6. Allowing the Town of Wake Forest to recover from the association and its members all costs the Town of Wake Forest expends to maintain or repair the structural SCMs or to correct any operational deficiencies. Failure to pay the Town of Wake Forest all its expended costs, after a reasonable time to be determined by the Administrator, shall constitute a breach of the agreement. The Town of Wake Forest shall thereafter be entitled to bring an action against the association and its members 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, and attorney fees shall be added to the recovery. 7. A statement that this agreement shall not obligate the Town of Wake Forest to maintain or repair any structural SCMs, and the Town of Wake Forest shall not be liable to any person for the condition or operation of structural SCMs. 8. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Wake Forest to enforce any of its ordinances as authorized by law. 9. A provision indemnifying and holding harmless the Town of Wake Forest for any costs and injuries arising from or related to the structural SCM, unless the Town of Wake Forest has agreed in writing to assume the maintenance responsibility for the SCM and has accepted dedication of any and all rights necessary to carry out that maintenance.
G.
Inspection Program 1.
Inspections and inspection programs by Town of Wake Forest may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in SCMs; and evaluating the condition of SCMs. 2. If the owner or occupant of any property refuses to permit such inspection, the Administrator shall proceed to obtain an administrative search warrant pursuant to NCGS 15-27.2 or its successor. No person shall obstruct, hamper, or interfere with the Administrator while carrying out his or her official duties. H. Deed Recordation: The applicable operations and maintenance agreement pertaining to every structural SCM shall be recorded with the 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 the title of all subsequent purchasers under generally accepted searching principles. I. Signage: Where appropriate, in the determination of the Administrator to assure compliance with this ordinance, structural SCMs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained by the owner so as to remain visible and legible New Subdivisions: Storm drainage systems in any new subdivision shall be the sole responsibility of the developer and shall be provided and installed by the developer in accordance with specifications of the Public Works. B. Private Property- Other Than New Subdivisions 12.5.7. Installation of Stormwater Infrastructure A.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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