A.
Stormwater control facilities located on or serving
properties developed for commercial, industrial, or multifamily residential
(including condominium uses) shall be owned and maintained by the
owner of the property or the complex. If a homeowners' association
is formed, then the facilities shall be the responsibility of this
association.
B.
Stormwater control facilities serving single-family
(individual lots) or multifamily developments wherein the streets,
sewers, and other public improvements are to be accepted by the municipality
shall likewise be accepted and maintained by the municipality or a
homeowners' association at the municipality's discretion.
C.
Stormwater control facilities serving public or semipublic
uses, such as schools, hospitals, churches, or similar institutional
facilities, shall be owned and maintained by the property owner.
D.
Stormwater control facilities serving state, County,
or municipal facilities, such as parks, shall be owned and maintained
by the respective political entity.
Where shared-storage facilities are proposed,
the applicant shall submit a plan for their maintenance with the preliminary
and final stormwater management plans, identifying the facility owner,
easements, covenants providing for access to the facility, and a proposed
maintenance funding plan (if the facility is not to be accepted by
the municipality).
In single-family, multifamily, commercial, or
industrial developments where the stormwater control facilities (especially
basins) are not to be accepted by the municipality, the developer
shall submit a proposed maintenance schedule and funding plan as part
of the stormwater plan for the development site which shall be approved
by the municipality. Prior to approval of the final S/LD plan, the
developer shall establish an escrow or similar account to set aside
funds for the first year's (after completion) maintenance costs.
Stormwater control measures located on an individual
lot/structure, such as rooftop storage, drainage swales, and seepage
pits, shall be the responsibility of the property/structure owner.
These responsibilities shall be included in the deed or lease for
the property or structure. This section is applicable although other
stormwater control facilities, such as storm sewers or storage basins,
are to be owned and maintained by another public or private agency.
A.
Prior to the acceptance of any stormwater facility,
the municipal engineer shall inspect the facility to ensure its proper
construction and functioning. All facilities must be free of sediment
or debris before acceptance and/or dedication. Any required access
easements should be obtained.
C.
Before acceptance and/or dedication of any facility,
the developer shall submit as-built plans and a schedule for required
maintenance. As-built plans need not be submitted for facilities located
on an individual lot/structure
