Temporary and permanent erosion, sedimentation and stormwater management facilities, once installed and after a final inspection has been completed, shall be maintained in 1 of the following manners:
(A) Facilities maintained by owner.
(1) The owner of the property on which work has been done pursuant to this ordinance, or any other person or agent in control of such property, shall maintain in good condition and shall promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with the approved plan.
(2) The facility to be maintained by the owner shall provide adequate access to permit County Authorities to inspect and, if necessary, to take corrective action. If the owner or any other person or agent in control of such property fails to maintain properly the facilities for which he or she is responsible under the provisions of this chapter, the Newberry County shall give such owner, person or agent in control written notice describing specifically the deficiency. If the owner, person or agent in control fails, within 10 days from the date of receipt of such notice, to take or commence corrective action, such owner, person or agent shall be subject to the penalties found in this chapter.
(B) Facilities Maintained by Newberry County. All facilities to be maintained by Newberry County must be designed and constructed in accordance with the requirements of this chapter and all such facilities shall be dedicated to the county by deed with attached record drawing, after the county has accepted the conveyance of such facilities by appropriate action of the county governing body. Such deed shall include sufficient ingress-egress easements to permit the county to properly maintain such facilities.
(Am. Ord. 06-21-05, passed 6-15-2006)