Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
The applicant or developer of the land development activity or its representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
B. 
For land development activities as defined in § 130-4 of this chapter and meeting Conditions A, B or C in § 130-9A, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
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 that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide to the Town the right, but not the obligation, to access the facility at reasonable times for periodic inspection 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 not confer unto the Town any duty or obligation to fix or maintain the facility, and further, the Town's acceptance of any easement rights pursuant to this chapter shall not be deemed as the acceptance of any duty or obligation to fix or maintain the facility. The easement shall be recorded in the office of the County Clerk after approval by the Town Attorney.
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 SWPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 130-12C.
A. 
The landowner shall execute a formal maintenance agreement for stormwater management facilities which shall be binding on all subsequent landowners. The maintenance agreement shall be approved by the Town Attorney. The agreement shall not confer unto the Town any duty or obligation to fix or maintain the stormwater management facilities, and further, the Town, by entering into any agreement pursuant to this section, shall not be deemed to have accepted any duty or obligation to fix or maintain the stormwater management facilities. The agreement shall be recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval.
B. 
The Town, in lieu of a maintenance agreement, at its sole discretion, may 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.