NCS000403_SW BMP Maint Agree_20220707

STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
Town of Elon

Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of , 20 , by and between
, hereinafter referred to as the "OWNER(S)"
and the Town of Elon, North Carolina, hereinafter referred to as the "TOWN",
WITNESSETH, that
WHEREAS, the OWNER is the owner of certain real property described as
as recorded by deed in the land records
of Alamance County, (Alamance County tax Map/Parcel Identification Number)
Deed Book Page , Parcel Identification Number
hereinafter called the "Property".
WHEREAS, the OWNER is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as
(Name of Plan/Development)
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the TOWN, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the TOWN and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of Elon,
North Carolina, require that on -site structural stormwater BMP facilities be constructed and
maintained on the Property; and
WHEREAS, the TOWN requires that on -site structural stormwater Management facilities
as shown on the Plan be constructed and adequately maintained by the OWNER, its
successors and assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
The on -site structural stormwater Management facilities shall be constructed by the
OWNER, its successors and assigns, in accordance with the plans and specifications
identified in the Plan.
2. The OWNER, its successors and assigns, including any homeowners association, shall
adequately maintain the structural stormwater BMP facilities in accordance with the
approved Operation and Maintenance Manual(s). This includes all pipes and channels
built to convey stormwater to the facility, as well as all structures, improvements, and
vegetation provided to control the quantity and quality of the stormwater. Adequate
maintenance is herein defined as good working condition so that these facilities are
performing their design functions.
Form SWMA-1 2 of 6 July 1, 2007

Structural Stormwater BMP Maintenance Agreement
3. The OWNER, its successors and assigns, shall ensure the structural stormwater BMP
facility is inspected by a qualified professional and shall submit an inspection report. The
inspection report shall be due annually 30 days from the date of the final structural
stormwater Management facilities construction inspection. The purpose of the inspection
is to assure safe and proper functioning of the facilities. The inspection shall cover the
entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall
be noted in the inspection report.
4. The OWNER, its successors and assigns, hereby grant permission to the TOWN, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the TOWN deems necessary. The purpose
of inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The TOWN shall provide the OWNER, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs if necessary.
5. In the event the OWNER, its successors and assigns, fails to maintain the structural
stormwater Management facilities in good working condition acceptable to the TOWN,
the TOWN may enter upon the Property and take whatever steps necessary to correct
deficiencies identified in the inspection report and to charge the costs of such repairs to
the OWNER, its successors and assigns. This provision shall not be construed to allow
the TOWN to erect any structure of permanent nature on the land of the OWNER outside
of the easement for the structural stormwater Management facilities. It is expressly
understood and agreed that the TOWN is under no obligation to routinely maintain or
repair said facilities, and in no event shall this Agreement be construed to impose any
such obligation on the TOWN.
6. For all structural stormwater Management facilities which are to be or are owned and
maintained by a property owner's association or similar entity, the OWNER and the
association shall enter into an escrow agreement with TOWN. The agreement shall
contain all of the following provisions:
a. Acknowledgment that the association shall continuously operate and maintain the
structural stormwater Management facilities.
b. Establishment of an escrow account which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
stormwater control measures and devices of the particular site plan or subdivision. If
structural stormwater Management facilities are not performing adequately or as
intended or are not properly maintained, the TOWN, in its sole discretion, may
remedy the situation, and in such instances the TOWN shall be fully reimbursed from
the escrow account. Escrowed funds may be spent by the association for sediment
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural stormwater Management facilities; provided that, the
TOWN shall first consent to the expenditure.
c. Both OWNER contribution and annual sinking funds shall fund the escrow account.
Prior to plat recordation or issuance of stormwater permits, whichever shall first
occur, the OWNER shall pay into the escrow account an amount equal to fifteen (15)
per cent of the initial construction cost of the structural stormwater Management
facilities. Two-thirds (2/3) of the total amount of sinking fund budget shall be
Form SWMA-1 3 of 6 July 1, 2007

Structural Stormwater BMP Maintenance Agreement
deposited into the escrow account within the first five (5) years and the full amount
shall be deposited within ten (10) years following initial construction of the
stormwater control measure or device. Funds shall be deposited each year into the
escrow account. A portion of the annual assessments of the property owners
association shall include an allocation into the escrow account. Any funds drawn
down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
d. Granting to the TOWN a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
Allowing the TOWN to recover from the association and its members any and all
costs the TOWN expends to maintain or repair the stormwater control and
management facility or to correct any operational deficiencies. Failure to pay to the
TOWN all of its expended costs, after thirty (30) days written notice, shall constitute
a breach of the agreement. The TOWN shall thereafter be entitled to bring an action
against the association and its members to pay, or foreclose upon the lien herein
authorized by the agreement against the property, or both in the case of a deficiency.
Interest, collection costs, and attorney fees shall be added to the recovery.
f. A statement that this agreement shall not obligate the TOWN to maintain or repair
any stormwater control measure or device, and that the TOWN shall not be liable to
any person for the condition or operation of structural stormwater Management
facilities.
g. A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the TOWN to enforce any of its ordinances as authorized by law.
7. The OWNER, its successors and assigns, will perform the work necessary to keep these
facilities in good working order as appropriate. In the event a maintenance schedule for
the structural stormwater Management facilities (including sediment removal) is outlined
on the approved plans, the schedule will be followed.
8. In the event the TOWN, pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies,
materials, and the like, the OWNER, its successors and assigns, shall reimburse the
TOWN upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the TOWN hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the TOWN and the
OWNER agrees to hold the TOWN harmless from any liability in the event the structural
stormwater Management facilities fail to operate properly.
10. This Agreement shall be recorded among the land records of Alamance County, North
Carolina, and shall constitute a covenant running with the land, and shall be binding on
the OWNER, its administrators, executors, assigns, heirs and any other successors in
interests, including any homeowners association.
Form SWMA-1 4 of 6 July 1, 2007

IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written:
Name of Company/Corporation/Partnership/Individuals (Seal if corporation)
M.
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
TOWN OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Form SWMA-1 5 of 6 July 1, 2007

TOWN OF FLON, NORTH CAROLINA
Town of Elon (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
TOWN OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
Town Attorney Date
Form SWMA-1 6 of 6 July 1, 2007