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.