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.
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.
[1]
Editor's Note: Schedule A is included at the end of this chapter.