Stormwater management controls and facilities, as defined here, include all structural and nonstructural stormwater conveyance and management controls including water quantity and quality best management practices.
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 stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the municipality, in consultation with the Municipal Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation and function of the facility(ies).
B. 
The responsible party or entity responsible for the maintenance must also be identified. The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities and temporary permanent erosion control facilities, consistent with the following principles:
(1) 
If a development consists of structures or lots that are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the municipality, stormwater control facilities within public rights-of-way may also be dedicated to and maintained by the municipality.
(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.
(a) 
Facilities may be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restrictions. A description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.
(b) 
Ownership and maintenance may be the responsibility of a property owners' association. The stated responsibilities of the property owners' association in terms of owning and maintaining the stormwater management facilities shall be submitted with final plans for determination of their adequacy, and upon their approval shall be recorded with the approved subdivision plan among the deed records of Centre County, Pennsylvania. In addition, the approved subdivision plan and any deed written from said plan for a lot or lots shown herein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said property owners' association.
(c) 
For stormwater management facilities that are proposed as part of the site development plan, the developer will be required to execute a developer agreement and a maintenance agreement with the municipality for the construction and continued maintenance of the facilities prior to the signature approval on the final plan. Access for inspection by the municipality of all such facilities deemed critical to the public welfare at any reasonable time shall be provided.
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. 
Stormwater facilities should be inspected by the landowner/developer or responsible entity (including the Municipal Engineer for dedicated facilities) on the following basis:
(1) 
Annually.
(2) 
During or immediately after every ten-year or greater storm event.
B. 
The entity conducting the inspection should be required to submit a report to the municipality regarding the condition of the facility and recommending necessary repairs, if needed.
C. 
Maintenance inspections may be performed by the municipality to ensure proper functioning of all stormwater facilities. These inspections may, at a minimum, be performed annually and/or following major storm events. If the municipality determines at any time that any permanent stormwater facility has been eliminated, altered or improperly maintained, the owner of the property shall be notified. Terms of the notification are detailed in § 490-36, Notification.