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.
C. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §
281-16.
[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.