Prior to the issuance of any approval that has
a stormwater management facility as one of the requirements, the applicant
or developer must execute a maintenance easement agreement or petition
the Town Board for the establishment of a public drainage district
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement or district shall provide for access
to the facility at reasonable times for periodic inspection by the
Town of Putnam Valley to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Town of Putnam Valley.
The owner or operator of permanent stormwater
management practices installed in accordance with this chapter shall
ensure they are operated and maintained to achieve the goals of this
chapter. Proper operation and maintenance also includes, as a minimum,
the following:
A. A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
B. Written procedures for operation and maintenance and
training new maintenance personnel.
C. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §
102-15.
The Town of Putnam Valley shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule A of this chapter, entitled "Sample Stormwater Control
Facility Maintenance Agreement." The Town of Putnam Valley, in lieu of a maintenance agreement,
at its sole discretion may establish a drainage district to accept
dedication of any existing or future stormwater management facility,
provided such facility meets all the requirements of this chapter
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.