§ 170-8. Maintenance, inspection and repair of stormwater facilities.

A. 

Maintenance and inspection during construction.

(1) 

The applicant or developer of the land development activity or their 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 25%.

(2) 

For land development activities meeting Condition A and B in § 170-6C of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices twice every seven calendar days. Inspection reports shall be made using the Town's standard SWPPP inspection form, maintained in a site log book, and electronically submitted to the SMO.

(3) 

For land development activities meeting Condition C in § 170-6C of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices once every seven calendar days. Inspection reports shall be made using the Town's standard SWPPP inspection form, maintained in a site log book, and electronically submitted to the SMO.

(4) 

SMO-required inspections. The applicant shall have a qualified professional conduct a site inspection whenever requested by the SMO. Inspection reports shall be made using the Town's standard SWPPP inspection form, maintained in a site log book, and electronically submitted to the SMO.

B. 

Maintenance after construction. 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:

(1) 

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.

(2) 

Written procedures for operation and maintenance and training new maintenance personnel.

(3) 

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations, in accordance with the provisions of § 170-7 of this chapter.

C. 

Stormwater Maintenance Agreement. Prior to the issuance of final approval of a land development activity that has a stormwater management facility that will remain in private ownership as one of the requirements, the facility owner shall execute the Town's Standard Stormwater Maintenance Agreement, which provides for maintenance of the facility, by the facility owner, in accordance with the requirements of this chapter, together with access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The Stormwater Maintenance Agreement shall be recorded in the office of the County Clerk after approval by the Town Board.

D. 

Dedication permitted. The Town Board, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided that 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. Offers for dedication to the Town Board shall be in accordance with § 174-33 of this Code.