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 Bellerose 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 Village Attorney.
The owner or operator of permanent stormwater management practices installed
in accordance with this chapter shall be 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 §
183-10.
The Village of Bellerose 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 a standard form entitled "Sample
Stormwater Control Facility Maintenance Agreement." The Village of Bellerose,
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.