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
City of Middletown 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 Corporation Counsel.
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 SMPs shall not exceed design criteria
or cause or contribute to water quality standard violations in accordance
with this chapter.
The Common Council, Planning Board or Zoning Board of Appeals shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of the Orange
County Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of the Department's Sample Stormwater Control Facility Maintenance Agreement.
The Common Council, Planning Board or Zoning Board of Appeals, 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.