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 Town 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 in the office of the County Clerk after
approval by the Town Attorney.
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 inspection and 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 §
197-12C.
The landowner shall execute a formal maintenance
agreement for stormwater management facilities which shall be binding
on all subsequent landowners. The maintenance agreement shall be approved
by the Town Attorney, and shall be recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The Town, 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.