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Town of Greenburgh, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (22) Index
A. 
The applicant or developer of the land development activity 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. 
The applicant or developer or their representatives 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. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and copied to the site logbook.
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 of Greenburgh to ensure that the facility is maintained by the owner 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 counsel for the Town.
The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall at all times operate and maintain the practices to achieve the goals of this chapter. Proper operation and maintenance includes, at a minimum, the following:
A. 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) that 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 § 248-17.
The applicable approval authority shall approve a formal maintenance agreement for stormwater management facilities involving major land development activity, as defined by § 248-7, binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to issuance of a building permit. The maintenance agreement shall be consistent with the terms and conditions of Schedule A of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Greenburgh Town Board, 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.