Town of Lewisboro, NY Article VII Inspection and Maintenance

§ 189-12 Applicant/developer inspection requirements.

A. Inspection requirements shall be as specified within the SPDES General Permit for Construction Activities.

B. The applicant or developer of the land development activity 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%.

C. The applicant/developer must ensure that all erosion and sediment control practices and all postconstruction stormwater management practices identified in the SWPPP are maintained in effective operating conditions at all times.

D. The applicant/developer shall inspect, in accordance with the requirements of the most current version of the Erosion Control Manual, the erosion and sediment controls identified in the SWPPP to ensure that they are being maintained in effective operating condition at all times. The applicant/developer shall have each of the contractors and subcontractors identify at least one person from their company that will be responsible for implementation of the SWPPP. This person shall be known as the trained contractor. The applicant/developer shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed.

E. For land development activities that disturb one or more acres of land, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven calendar days. Inspection reports shall be prepared in compliance with standards outlined within the SPDES General Permit for Construction Activities. Inspection reports shall be maintained on site and copies furnished to the SMO within seven days of inspection.

F. Inspections of any postconstruction stormwater management practice that includes structural components shall be performed by a New York State licensed professional engineer.

§ 189-13 Maintenance easements and agreements.

A. Maintenance easement. Prior to approving any postconstruction stormwater management practice or facility, 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 be in a form and manner of execution acceptable to the Town Attorney or Planning Board Attorney, as applicable, and shall provide for 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 easement shall be recorded by the grantor in the office of the Westchester County Clerk, Division of Land Records, after final approval by the Town Attorney or Planning Board Attorney.

B. Maintenance agreement. Prior to approving any postconstruction stormwater management practice or facility, the Town shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Westchester County Clerk, Division of Land Records. The maintenance agreement shall be consistent with the terms and conditions of the "Sample Stormwater Control Facility Maintenance Agreement" as prepared by the NYSDEC and on file at the Town Clerk and Planning Board offices. The Town of Lewisboro, in lieu of a maintenance agreement, 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.

§ 189-14 Maintenance after construction.

The owner or operator of permanent stormwater management practices or facilities installed in accordance with this chapter shall operate and maintain the stormwater management practices to achieve the goals of this chapter. Proper operation and maintenance also includes, at 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, as stated in § 189-3, Purpose.

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

C. Discharges from the stormwater management practices shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 189-11C of this chapter.

§ 189-15 Administration and inspection; sureties.

A. SMO inspections required.

(1) The SMO may require such inspections as are necessary to determine compliance with the provisions of this chapter at various stages in construction to examine erosion and sediment controls and stormwater management practices. The SMO shall either approve that portion of the work completed or notify the applicant or developer wherein the work fails to comply with the requirements of this chapter and the SWPPP as approved. To obtain inspections, the applicant shall notify the SMO at least 48 hours before any of the following or as otherwise required by the SMO:

(a) Start of construction.

(b) Installation of sediment and erosion control measures.

(c) Completion of site clearing.

(d) Completion of rough grading.

(e) Prior to backfilling any stormwater management practices.

(f) Completion of final grading and stabilization of disturbed areas.

(g) Closure of construction.

(h) Completion of final landscaping.

(i) Successful establishment of landscaping in public areas.

(j) Removal of all temporary erosion and sedimentation controls.

(2) If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the SMO.

B. The SMO is responsible for conducting inspections of stormwater management practices. All applicants are required to submit an as-built plan for all stormwater management practices and associated improvements located on site after final construction is completed. The as-built plan must show the final design specifications for all stormwater management facilities and must be certified by a NYS licensed professional engineer.

C. Inspection programs shall be established on any reasonable basis, including, but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which is more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

D. The SMO may require monitoring and reporting from entities subject to the provisions of this chapter as are necessary to determine compliance with this chapter.

E. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town, the SMO or his designee the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this chapter.

F. In order to ensure the full and faithful completion of all land development activities and compliance with the SWPPP, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. Said document shall be in a form and manner determined to be sufficient and acceptable to the Town or Planning Board Attorney, as applicable. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

G. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the applicant or developer or by a corporation that owns or manages a commercial or industrial facility, said applicant, developer or owner, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. Said letter of credit or surety shall be in a form and manner determined to be sufficient and acceptable to the Town or Planning Board Attorney, as applicable. If the applicant, developer or landowner fails to properly operate and maintain the stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

H. The Town may require entities subject to the provisions of this chapter to maintain records demonstrating compliance with the standards and requirements of this chapter.