Maintenance of stormwater management facilities.
A. Maintenance easement. The applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Webster, or it's contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and to, if necessary, implement emergency repairs to protect the health, safety and welfare of the public.
The easement dimensions shall be as directed by the Town of Webster and the easement agreement shall be recorded in the office of the County Clerk, with a copy provided to the Town of Webster.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]B. Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes, as a minimum, the following:(1) 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 article.(2) Written procedures for operation and maintenance and training new maintenance personnel.(3) Discharges from the stormwater management practices shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 289-14 of this article.C.
Maintenance agreements. The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be ensured through the creation of a formal and enforceable maintenance agreement that must be approved by the Town of Webster's Town Board and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. This agreement will include any and all maintenance easements required to access and inspect the stormwater management practices, and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice.
In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all stormwater treatment practices and include plans for periodic inspections by the owners, or their designated agent, to ensure proper performance of the facility. The maintenance agreement shall be consistent with the terms and conditions of the stormwater control facility maintenance agreement. The Town of Webster's Town Board, in lieu of a maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.D.
Requirements of maintenance agreements. All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs to ensure compliance with the requirements of this article and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be identified in writing, along with the schedule and methods to be employed to complete the maintenance.
The maintenance repairs and restoration schedule are to be approved by the Town of Webster, prior to commencing the work, and the Town of Webster shall inspect the facility upon completion of the work. The inspection and maintenance requirement may be increased by the Town of Webster as deemed necessary to ensure proper functioning of the stormwater management facility.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]E. Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years.
These records shall be made available to the Town of Webster's Public Works Department during inspection of the facility and at other reasonable times upon request.F. Maintenance guarantees for privately owned stormwater facilities. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the applicant or by a corporation that owns or manages a commercial or industrial facility, the applicant, prior to construction, may be required to provide the Town of Webster's Public Works Department with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the Town of Webster's Public Works Department acknowledges compliance with all details of the approved site plan.
If the applicant or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Webster's Public Works Department may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs, until the Town of Webster's Public Works Department acknowledges compliance with all details of the approved site plan.