The applicant should provide a financial guarantee
to the municipality for the timely installation and proper construction
of all stormwater management controls as required by the approved
stormwater plan and this chapter equal to the full construction cost
of the required controls.
A.
The drainage plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by the Municipal Engineer. The operation and maintenance plan shall
outline required routine maintenance actions and schedules necessary
to insure proper operation of the facility(ies).
B.
The drainage plan for the development site shall establish
responsibilities for the continuing operating and maintenance of all
proposed stormwater control facilities, consistent with the following
principles:
(1)
If a development consists of structures or lots which
are to be separately owned and in which streets, sewers and other
public improvements are to be dedicated to the municipality, stormwater
control facilities must be placed in single lot ownership or owned
and managed by an approved homeowners' association.
(2)
If a development site is to be maintained in a single
ownership or if sewers and other public improvements are to be privately
owned and maintained, then the ownership and maintenance of stormwater
control facilities shall be the responsibility of the owner or private
management entity.
C.
The governing body, upon recommendation of the Municipal
Engineer, shall make the final determination on the continuing maintenance
responsibilities prior to final approval of the stormwater management
plan. The governing body reserves the right to accept the ownership
and operating responsibility for any or all of the stormwater management
controls.
A.
Prior to final approval of the site's stormwater management
plan, the property owner shall sign and record the maintenance agreement
contained in Appendix A[1] which is attached and made part hereof, covering all stormwater
control facilities that are to be privately owned.
[1]
Editor's Note: Appendixes A through D are
included at the end of this chapter.
B.
Other items may be included in the agreement where
determined necessary to guarantee the satisfactory maintenance of
all facilities. The maintenance agreement shall be subject to the
review and approval of the Municipal Solicitor and governing body.
