A.
By inspecting all ESD treatment systems and structural stormwater management measures, the Town shall ensure that preventative maintenance is performed. Inspections shall occur during the first year of operation and at least once every three years thereafter. In addition, for privately owned ESD treatment practices and structural stormwater management measures, a maintenance agreement between the owner and Town shall be executed as described in § 281-25 of this chapter.
B.
Inspection reports shall be maintained by the Town for all ESD treatment systems and structural stormwater management measures.
C.
Inspection reports for ESD treatment systems and structural stormwater management measures shall include the following:
(1)
The date of inspection;
(2)
Name of inspector;
(3)
An assessment of the quality of the stormwater management system related to ESD treatment practice efficiency and the control of runoff to the MEP;
(4)
The condition of:
(a)
Vegetation or filter media;
(b)
Fences or other safety devices;
(c)
Spillways, valves, or other control structures;
(d)
Embankments, slopes, and safety benches;
(e)
Reservoir or treatment areas;
(f)
Inlet and outlet channels or structures;
(g)
Underground drainage;
(h)
Sediment and debris accumulation in storage and forebay areas;
(i)
Any nonstructural practices, including those on privately owned residential or commercial lots; and
(j)
Any other element that could affect the proper functioning of the stormwater management system.
(5)
Description of needed maintenance.
D.
The enforcement authority shall provide to the owner notification of any deficiencies discovered through the inspection. After notification is provided, the owner shall have 30 days, or other time limit mutually agreed to between the enforcement authority and the owner, within which to correct the deficiencies. The enforcement authority shall then cause to be conducted a subsequent inspection to ensure that repairs have been completed.
F.
If, after an inspection, the condition of a stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, the Town shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the Town shall be assessed against the owner, as provided in Subsection D of § 281-25 of this chapter.