[Amended 3-8-2011 by L.L. No. 1-2011]
A. 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%.
B. The applicant
or developer or their representatives, 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 or more of precipitation. The reports shall
be delivered to the Stormwater Management Officer and copied to the
site logbook.
C. For land development activities as defined in §
217-7 and meeting Condition 1, 2, 3 or 4 in §
217-11D, 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.
D. Construction
activities disturbing five acres or more at any one time shall be
inspected by a qualified inspector twice every seven days.
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 Rye Brook
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 counsel for the Village.
The owner or operator of permanent stormwater
management practices installed in accordance with this chapter shall
at all times operate and maintain the practices to achieve the goals
of this chapter. Proper operation and maintenance 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) that 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 SMPs shall not exceed design criteria, or cause or contribute to water quality standard violations in accordance with §
217-17.
The applicable approval authority shall approve a formal maintenance agreement for stormwater management facilities involving major land development activity, as defined by §
217-7, binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to issuance of a building permit. The maintenance agreement shall be consistent with the terms and conditions of Schedule A of this chapter entitled "Sample Stormwater Control Facility Maintenance
Agreement." The Village of Rye Brook 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 the requirements of this chapter and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.