§ 53.090 INSPECTION, MAINTENANCE, RECORD KEEPING, AND REPORTING.
   (A)   Inspection by the town.
      (1)   After the approval of the storm water management permit by the DSM and the commencement of construction activities, the DSM and/or the permitting officer has the authority to conduct inspections of the work being done to ensure full compliance with the provisions of this chapter, the Standards, and the terms and conditions of the CSGP.
      (2)   The DSM and/or the permitting officer has the authority to perform or require inspections of all public or privately owned storm water quality facilities.
   (B)   Owner operation and maintenance.
      (1)   An O&M Manual shall be prepared and submitted for approval in accordance with § 53.075 of this chapter and must include the information in the Standards.
      (2)   Following construction completion, the operation, maintenance, and inspection of storm water quality BMPs shall be the long-term responsibility of the owner of the storm water quality BMP.
      (3)   Storm water quality facilities shall be maintained in good condition, in accordance with Operation and Maintenance Manual approved under the storm water management permit, and shall not be subsequently altered, revised or replaced without the approval of the DSM and/or the permitting officer.
      (4)   The owner of storm water quality facilities shall be responsible for inspections that evaluate physical conditions, available treatment capacity, and the operational condition of the storm water quality BMP(s) in accordance with the O&M Manual. Requirements of the O&M Manual shall not be altered without approval from the DSM and/or the permitting officer.
      (5)   If deficiencies are found during an inspection by the DSM and/or the permitting officer, the owner of the facility will be notified by DSM and/or the permitting officer and will be required to take all necessary measures to correct such deficiencies. If the owner fails to correct the deficiencies within the allowed time period, as specified in the notification letter, the DSM and/or the permitting officer will undertake the work and collect from the owner using lien rights if necessary.
   (C)   Assignment of responsibility for maintaining facilities serving more than one lot or holding shall be documented by appropriate covenants to property deeds, unless responsibility is formally accepted by a public body, and determined before the final storm water management permit is approved. Storm water detention/retention basins may be donated to the Town of Edinburgh or other unit of government designated by the DSM and/or the permitting officer, for ownership and permanent maintenance providing the DSM and/or the permitting officer or other governmental unit is willing to accept responsibility.
   (D)   Inspection reports and documentation records must be maintained by the owner for a period of five years and produced upon request by town personnel within 48 hours of the request.
(Ord. 2023-22, passed 12-28-23)