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.
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.
