(a) The operation and maintenance of all stormwater facilities identified on the plan shall be guaranteed via a stormwater management/BMP maintenance agreement between the developer and the county. The agreement shall be executed prior to the issuance of the land disturbing activity permit.

(b)  The stormwater management/BMP maintenance agreement shall at a minimum:

      (1) Be in a form approved by the county attorney;

      (2) Reference the approved stormwater management plan;

     (3) Insure the stormwater management/BMP facilities are constructed in accordance with the approved plans;

     (4) Insure the developer, its successors and assigns maintain the stormwater management/BMP facilities in good working condition, acceptable to the county, so that they are performing their design functions;

    (5) Establish permission for the county to enter upon the property to inspect the stormwater management/BMP facilities in order to assure they are functioning properly;

     (6) Provide a procedure that in the event the developer, its successors and as-signs fail to properly maintain the stormwater management/BMP facilities in good working order allows the county to perform any corrective actions necessary and recover the costs of taking such actions from the developer, its successors and assigns, and;

      (7) Be recorded with the land records of the county.

(Ord. No. 06-17, 7/18/06)