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 § 226-6 of this chapter and meeting Condition A, B or C in § 226-8B 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 logbook.
C.
The applicant or developer or their 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 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 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.
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 found at the end of this
chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."
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.