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 Saugerties 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 counsel for the Village of Saugerties.
The owner or operator of permanent stormwater management practices
installed in accordance with this chapter shall operate and maintain
the stormwater management practices 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.
The Village of Saugerties 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 after 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." The Village of Saugerties, in lieu of a maintenance agreement,
may accept dedication of any existing or future stormwater management
facility, provided that such facility meets all of the requirements
of this chapter and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.