§ 86-8. Maintenance, inspection and repair of stormwater facilities.

A. 

Maintenance and inspection during construction.

(1) 

The applicant or developer of the land development activity or his or her representative 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%.

(2) 

For land development activities as defined under this chapter and meeting Condition A or C above, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices at least once every seven calendar days, or the applicable period as may be required by the NYSDEC, of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook and be available for inspection upon request.

(3) 

For land development activities as defined under this chapter and meeting Condition B or D above, the applicant shall have a qualified professional conduct at least two site inspections and document the effectiveness of all erosion and sediment control practices every seven calendar days, or the applicable period as may be required by the NYSDEC, of any storm event producing 0.5 inch of precipitation or more. The two inspections shall be separated by a minimum of two full calendar days. Inspection reports shall be maintained in a site logbook and be available for inspection upon request.

(4) 

The applicant or developer or his or her representative 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.

B. 

Maintenance access agreement. The property owner and the applicant or developer must execute a maintenance access agreement that shall provide for access to the facility at reasonable times for periodic inspection by the Town of Brookhaven to ensure that the stormwater management facility, as required pursuant to an approved SWPPP, is maintained in proper working condition to meet the design standards and any other provisions established by this chapter. The maintenance access agreement shall be in a form as approved by the Town Attorney, and recorded by the grantor in the Office of the Suffolk County Clerk, and said maintenance access agreement shall be binding on all subsequent landowners served by the stormwater management facility.

C. 

Maintenance after construction. The stormwater management facility owner or operator shall ensure the facility is operated and maintained in accordance with this chapter. Proper operation and maintenance shall also include, at 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 chapter.

(2) 

Written procedures for operation and maintenance and training new maintenance personnel.

(3) 

Discharges from the facility shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 86-9D, or any amendments thereto.

D. 

Maintenance agreements. Prior to any land development activity receiving final approval, the property owner shall be required to execute a Declaration of Covenant for maintenance of the stormwater control facility, in such form as shall be approved by the Town Attorney, which shall be binding on all subsequent landowners, and shall cause said declaration to be filed and recorded in the Office of the Suffolk County Clerk. The maintenance agreement shall be consistent with the terms and conditions of this chapter.