Montgomery Town City Zoning Code
§ 235-10.8
Maintenance and repair of stormwater facilities.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this § 235-10. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)
The applicant or developer or its representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer as soon as practical and also copied to the site log book.
B.
Maintenance easement(s) and agreements. Prior to the issuance of any approval that includes a private stormwater management facility, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall include all reasonable terms to effect the purposes of this § 235-10 and shall provide for access to the facility at reasonable times for periodic inspection or for remedial work at the owner's sole expense by the person or entity responsible for the operation and maintenance and/or by the Town of Montgomery, or its duly authorized designee, to ensure that the facility is maintained in proper working condition to meet the design standards and any other provisions established by this chapter. The easement agreement shall be prepared and recorded by the grantor at its sole expense in the office of the County Clerk after approval by the Attorney for the Town of Montgomery.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this § 235-10 shall be operated and maintained to achieve the goals of this § 235-10. Proper operation and maintenance also include, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this § 235-10.
(2)
Written procedures for operation and maintenance and training new maintenance personnel.
D.
Drainage districts. The Town, in its sole discretion, may elect to create a drainage district per Article 12 or 12-A of the Town Law of the State of New York. If the Town Board selects this option, such district must be created prior to final approval of the project or, if a subdivision, prior to the filing of the subdivision map with the Orange County Clerk. Once such a district is created, the Town, in its sole discretion, may consolidate one or more drainage districts in accordance with the relevant provisions of the New York State Town Law.