(A) The Town Planning and Zoning Commission, its agent(s) or the Town Engineer shall ensure that all stormwater management systems are inspected for performance of preventative maintenance. Inspection shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance agreement between the owner and the Town Planning and Zoning Commission, its agent(s) or the Town Engineer shall be executed for privately owned stormwater management systems as described in § 53.107 of this subchapter.
(B) The Town Planning and Zoning Commission, its agent(s) or the Town Engineer shall maintain inspection reports for all stormwater management systems.
(C) Inspection reports for stormwater management systems shall include the following:
(1) The date of inspection;
(2) Name of inspector;
(3) The condition of:
(a) Vegetation or filter media;
(b) Fences or other safety devices;
(c) Spillways, valves or other control structures;
(d) Embankments, slopes and safety benches;
(e) Reservoir or treatment areas;
(f) Inlet and outlet channels or structures;
(g) Underground drainage;
(h) Sediment and debris accumulation in storage and forebay areas;
(i) Any nonstructural practices to the extent practicable; and
(j) Any other item that could affect the proper function of the stormwater management system.
(4) Description of needed maintenance.
(D) After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, the owner shall have 30 days or other time frame mutually agreed to between the Town Planning and Zoning Commission, its agent(s) or the Town Engineer and the owner to correct the deficiencies. The Town Planning and Zoning Commission, its agent(s) or the Town Engineer shall then conduct a subsequent inspection to ensure completion of the repairs.
(E) If repairs are not undertaken or are not done properly, then enforcement procedures following § 53.106(C) of this subchapter shall be followed by the Town Planning and Zoning Commission, its agent(s) or the Town Engineer.
(F) If, after an inspection by the Town Planning and Zoning Commission, its agent(s) or the Town Engineer, the condition of a stormwater management facility presents an immediate danger to the public health or safety, because of an unsafe condition or improper maintenance, the Town Planning and Zoning Commission, its agent(s) or the Town Engineer shall take action as may be necessary to protect the public and make the facility safe. Any cost incurred by the town shall be assessed against the owner(s), as provided in § 53.106(C).
(Ord. passed 7-14-2008)