All land development activities shall be subject to the following
performance and design criteria.
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in §
265-147, and the SWPPP shall be prepared by a licensed professional.
Any land development activity shall not cause an increase in
turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York.
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 Cedarhurst to ensure
that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this article.
The easement shall be recorded by the grantor in the office of the
County Clerk after approval by the counsel for the Village of Cedarhurst.
The owner or operator of permanent stormwater management practices
installed in accordance with this article shall ensure they are operated
and maintained to achieve the goals of this article. 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 article.
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 §
265-149.
The Village of Cedarhurst 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 plan approval. The maintenance
agreement shall be consistent with the terms and conditions of Schedule
B of this article entitled "Sample Stormwater Control Facility
Maintenance Agreement." The Village of Cedarhurst, 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 article and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.