A.
The applicant or developer of the land development
activity or his 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.
The applicant or developer or representative, one
of which must be a trained contractor, shall be on site at all times
when construction or grading activity takes place and shall inspect
and document the effectiveness of all erosion and sediment control
practices. Inspection reports shall be completed every seven days
and within 24 hours of any storm event producing 0.5 inches of precipitation
or more. Inspection reports shall be delivered to the Stormwater Control
Officer and copied to a site log book.
[Amended 2-22-2011 by L.L. No. 2-2011]
C.
For land development activities as defined in § 281-8 and meeting condition 1, 2, 3 or 4 in § 281-10B, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Inspection reports shall be maintained in a site log book.
[Added 2-22-2011 by L.L. No. 2-2011]
D.
Construction
activities disturbing five acres or more at any one time shall be
inspected by a qualified inspector twice every seven days.
[Added 2-22-2011 by L.L. No. 2-2011]
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 that shall
be binding on all subsequent landowners served by the stormwater management
facility. The easement shall provide for access to the facility at
reasonable times for periodic inspection by the Village of Port Chester
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 Village Attorney.
The owner or operator of permanent stormwater
management practices installed in accordance with this chapter shall
ensure that 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 operations and maintenance
and training new maintenance personnel.
[Amended 2-22-2011 by L.L. No. 2-2011]
The applicable approval authority 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 site plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement." The Village Board of Trustees, 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 of the requirements of this chapter and includes adequate and perpetual area, by easement or otherwise, for inspection and regular maintenance.
