§ 108A-9. Maintenance, inspection and repair of stormwater facilities.

A. 

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 chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%, and placed in an acceptable location and properly stabilized.

B. 

The applicant or developer or their 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. Inspections shall be conducted and reports of those inspections shall be completed by a professional engineer or certified professional in erosion and sediment control or in stormwater quality or other professional deemed qualified by the Department every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be maintained in a site logbook.

C. 

Prior to the issuance of any approval that has a stormwater management facility other than one serving an individual single-family residence, the applicant or developer must execute an easement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall be in a form acceptable to counsel to the Town and shall provide for access to the facility at reasonable times for periodic inspection by the Town of New Castle to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of New Castle.

D. 

The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall operate and maintain the stormwater management practices to achieve the goals of this chapter. Proper operation and maintenance also includes, 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 chapter.

(2) 

Written procedures for operation and maintenance and training new maintenance personnel.

(3) 

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 108A-8C.

E. 

Prior to the issuance of any final plan approval, the applicant or developer must execute a formal maintenance agreement for stormwater management facilities, other than those serving an individual single-family residence, binding on all subsequent landowners. The maintenance agreement shall be in a form acceptable to Town Counsel and shall be recorded in the office of the County Clerk as a deed restriction on the property. The Town of New Castle, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.