A.
The applicant or developer of the land development
or redevelopment activity or their representative 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.
For land development or redevelopment activities as defined in § 237-6 of this chapter and meeting Condition A, B or C in § 237-8B of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
C.
The applicant or developer or its representative 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.
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
run with the land and 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 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 City Clerk after approval by the counsel for the
City.
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.
The City shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the City 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 Schedule B of this chapter entitled “Sample Stormwater Control Facility Maintenance Agreement.”[1] The City, 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.
[1]
Editor's Note: Schedule B is included at the end of this chapter.