A. 
For subdivisions, planned residential developments and land developments, the applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as required by the Subdivision and Land Development Ordinance,[1] Planned Residential Development Ordinance[2] and/or as determined by the municipality, in a manner acceptable to the municipality.
[1]
Editor's Note: See Ch. 135, Subdivision and Land Development.
[2]
Editor's Note: See Ch. 155, Zoning, especially Art. XVI, Planned Residential Development.
B. 
For other regulated activities, the municipality may require a financial guarantee from the applicant, in a manner acceptable to the municipality.
C. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the applicant or his representatives shall:
(1) 
Provide a certification of completion from an engineer, architect, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide a set of record drawings for projects equal to or less than two acres in lot size.
(3) 
Provide an as-built survey for projects greater than two acres in lot size.
D. 
After the municipality receives the certification of completion in addition to either the record drawings or the as-built survey, a final inspection shall be conducted by the municipality's engineer, or designee, to certify compliance with this Part 1.
A. 
The drainage plan for the development site shall contain an operation and maintenance plan prepared by and agreed to by the applicant and approved by the municipality. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation of the facility(ies).
B. 
The drainage plan for the development site shall establish responsibilities for the continuing operation 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 or other public improvements are to be dedicated to the municipality, stormwater control facilities may also be dedicated to and maintained by the municipality; however, the municipality is not obligated to accept ownership.
(2) 
If a development site is to be maintained in a single ownership or if streets, sewers or other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities may be the responsibility of the applicant or private management entity.
C. 
The municipality, upon recommendation of the municipality's engineer, shall make the final determination on the continuing maintenance responsibilities prior to approval of the drainage plan. The municipality reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
A. 
Prior to or upon approval of a site's drainage plan, the applicant shall sign and record a stormwater maintenance agreement that is approved by the municipality and in a form similar to Appendix A.[1]
[1]
Editor's Note: Appendix A is 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, including, but not limited to, the right of access by the municipality and provisions that ensure compliance with this Part 1. The maintenance agreement shall be subject to the review and approval of the municipality's solicitor and the municipality.
A. 
Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
(1) 
If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality for a period of 10 years, as estimated by the municipality's engineer.
(2) 
If the storage facility is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years, as estimated by the municipality's engineer.
(3) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Municipal Engineer shall determine the present worth equivalents, which shall be subject to the approval of the governing body.
B. 
If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility.
C. 
Long-term maintenance. The municipality shall require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover long-term maintenance of stormwater control and best management practices, in an amount to be determined by the Board of Supervisors.
D. 
Stormwater-related problems. The municipality shall require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover stormwater-related problems which may arise from the land development and earth disturbance, in an amount to be determined by the Board of Supervisors.