(A) Notice of construction commencement.
(1) The applicant must notify the administering authority 48 hours in advance before the commencement of construction.
(2) It shall be a condition of every site development permit that the administering authority has the right to enter the construction project site periodically to inspect for compliance with the site development permit and this subchapter.
(B) Inspections during construction.
(1) By permitted project owner.
(a) The permittee shall maintain a copy of the approved storm water management plan on site.
(b) When required, the permittee shall designate a responsible person for “self-monitoring”, and provide all contact information for such individual to the administering authority.
(c) Self-monitoring shall be conducted within 24 hours of a measurable rain event, or at minimum once per week.
(d) All inspections shall be documented, and written reports prepared that contain the following information:
1. The date and location of the inspection.
2. Whether construction is in compliance with the approved storm water management plan.
3. Any remedial action needed to maintain compliance with the approved storm water management plan.
4. Schedule and designated party for proposed remedial actions.
5. Written reports shall be kept on site, and be made available to the administering authority within 48 hours of request for review.
(2) By administering authority.
(a) Regular inspections of the storm water management system construction shall be conducted by the staff of the administering authority.
(b) All inspections shall be documented and written reports prepared that contain the following information:
1. The date, location and name of inspector.
2. Whether construction is in compliance with the approved storm water management plan.
3. Variations from the approved construction specifications.
4. Any violations that exist.
5. Inspectors shall notify the on-site personnel or the developer in writing when violations are being observed, describing items to address and actions to be taken.
(C) Post-construction.
(1) Maintenance agreement required.
(a) A maintenance agreement shall be required for storm water management practices, and shall be an agreement between the town and the responsible party to provide for maintenance of storm water practices beyond the duration period of this permit.
(b) The maintenance agreement shall be filed with the County Recorder as a property deed restriction so that it is binding upon all subsequent owners of the land served by the storm water management practices.
(2) Maintenance covenants. The maintenance agreement shall contain the following information and provisions:
(a) Identification of the storm water facilities and designation of the drainage area served by the facilities.
(b) A schedule for regular maintenance of each aspect of the storm water management system consistent with the storm water management plan required under § 53.205, and the requirement that the responsible party(s), organization, or city, county or town shall maintain the practices in accordance with the schedule.
(c) Identification of the responsible party(s), organization or city, county or town responsible for long-term maintenance of the storm water management practices identified in the storm water management plan required under § 53.205.
(d) Authorization for the administrative authority to access the property to conduct inspections of storm water management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
1. The party responsible for long-term maintenance of the storm water management practices shall be notified by the administrative authority of maintenance problems that require correction.
2. The specified corrective actions shall be undertaken within a reasonable time frame as set by the administering authority.
(e) Parties responsible for the operation and maintenance of a storm water 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 administrative authority during inspection of the facility, and at other reasonable times upon request.
(f) At minimum, annual inspection of the storm water management facility shall be the responsibility of the party responsible for the long-term maintenance of the storm water management practices. Record of the inspection and certification by a qualified individual that the storm water management system has been adequately maintained shall be submitted to the administering authority.
(g) Authorization of the administering authority to perform the corrected actions identified in the inspection report, if the responsible party for the long-term maintenance of the storm water management practices does not make the required corrections in the specified time period. The administering authority shall enter the amount due on the tax rolls and collect the money as a special charge against the property.
(h) Upon the recommendation of the Storm Water Management Board, in lieu of a maintenance covenant, the Town Council may accept dedication of any existing or future storm water management facility for maintenance; provided such facility meets all the requirements of this subchapter, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
(Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19)