§ 410-92.20
Maintenance agreements
Maintenance agreements shall provide written, contractual documentation, which demonstrates compliance with this article and legal arrangements for the upkeep of stormwater facilities to assure their functionality and safety in accordance with this article. Maintenance agreements, which describe all maintenance schedules and requirements, must be developed for each stormwater management facility unless the facility is dedicated to and accepted by the City of Pawtucket.
- A. Recognition of municipal inspection requirements. Maintenance agreements shall include a reasonable and regular schedule for the City of Pawtucket, or designee, to conduct on-site inspection of the functionality and safety of stormwater management facilities. Inspection schedules shall be based on the complexity and frequency of maintenance needs and shall be subject to the approval of City of Pawtucket. At a minimum, maintenance frequency should be in accordance with the Rhode Island Stormwater Design and Installation Standards Manual, as amended.
- B. Recordkeeping for maintenance activities. Maintenance agreements shall include provisions for maintenance recordkeeping. All activities conducted in accordance with a maintenance agreement must be recorded in a work order and inspection log. Timely updates of the log shall be the responsibility of the stormwater management facility owner or other responsible party pursuant to this article. Review of the maintenance and inspection log shall be completed by the City of Pawtucket, or designee, to determine the effectiveness of operation, maintenance and safety activities. Reviews shall occur as part of each on-site inspection. Additional reviews may be made as deemed appropriate by the City of Pawtucket or designee.
- C. Responsibility for maintenance to assure functionality and safety. Appropriate maintenance to assure functionality and safety of stormwater management facilities shall be the responsibility the owner or may be assumed by another party via a written contractual arrangement in accordance with this article.
- D. Alterations to maintenance agreements. Any alterations in maintenance responsibility or alterations to maintenance agreements must be reviewed and approved by the Department of Zoning and Code Enforcement. If portions of the land serviced by a stormwater management facility are to be sold, written contractual arrangements shall be made to pass all responsibility of the maintenance agreement to the purchaser and shall be subject to review and approval of the Department of Zoning and Code Enforcement. All alterations to maintenance agreements shall be recorded in accordance with this article.
- E. Recordation of maintenance agreements. All maintenance agreements and alterations to maintenance agreements shall be recorded in the land evidence records of the City of Pawtucket. Copies of all maintenance agreements and alterations to maintenance agreements shall be included in stormwater management plans. Recordation of maintenance agreements in accordance with this article shall be the responsibility of the owner.