(A) Maintenance of detention/retention facilities during construction and thereafter shall be the responsibility of the land developer/owner. 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 shall be determined before the final drainage plans are approved.
(B) Stormwater detention and retention basins may be donated to the town for ownership and permanent maintenance providing:
(1) The town is willing to accept responsibility.
(2) The facility has been designed and constructed according to all applicable provisions of this chapter.
(3) All improvements have been constructed, approved and accepted by the town for the land area served by the drainage basin.
(4) Retention ponds containing a permanent pool of water have all slopes between the riprap and high water line sodded and the remaining land area hydroseeded; are equipped with electrically driven aeration devices, if required to maintain proper aerobic conditions and sustain aquatic life; have a four-foot wide crushed limestone walkway at the high water line entirely around the body of water; provide suitable public access acceptable to the responsible governmental agency; and have the high water line not closer than 75 feet to any property line.
(5) Dry detention ponds shall have all slopes, bottom of the basin and area above the high water line hydroseeded; and shall have the high water line not closer than 50 feet to any development boundary.
(Ord. 1999-05, passed 6-8-99)