A.
The SWM site plan and report for the project site shall describe
the future operation and maintenance responsibilities of the stormwater
facilities. The operation and maintenance description shall outline
required routine maintenance actions and schedules necessary to ensure
proper operation of the stormwater control facilities.
B.
The SWM site plan and report for the project site shall establish
responsibilities for the continuing operating and maintenance of all
proposed stormwater control facilities, consistent with the following
principals:
(1)
If a development consists of structures or lots that are to be separately owned with no homeowners' association, and in which streets, sewers, and other public improvements are to be dedicated to the municipality, stormwater control facilities/BMPs may also be dedicated to and maintained by the municipality, provided that § 242-33 of this chapters is complied with.
(2)
If a development site is to be maintained in a single ownership (e.g.,
a commercial development) or if sewers and other public improvements
are to be privately owned and maintained, then the ownership and maintenance
of stormwater control facilities/BMPs shall be the responsibility
of the owner or private management entity.
(3)
The municipality may take enforcement actions against an applicant
for failure to satisfy any provision of this chapter.
C.
The municipality, upon recommendation of the Municipal Engineer,
shall make the final determination on the continuing maintenance responsibilities
prior to final approval of the SWM site plan and report. The municipality
may request the dedication of such facilities as part of the approval
of the SWM site plan. The municipality reserves the right to accept
or reject the ownership and operating responsibility for any portion
of the stormwater management controls.
D.
It shall be unlawful to alter or remove any permanent stormwater
BMP required by an approved SWM site plan, or to allow the property
to remain in a condition, which does not conform to an approved SWM
site plan, unless the municipality grants an exception in writing.
A.
Prior to final approval of the SWM site plan and report, the applicant
shall sign the operation and maintenance (O&M) agreement (Appendix
A),[1] or similar agreement, covering all stormwater control
facilities that are to be privately owned. The operation and maintenance
(O&M) agreement shall be recorded with the SWM site plan and made
a part hereto.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Other items may be included in the operation and maintenance (O&M)
agreement where determined necessary to guarantee the satisfactory
operation and maintenance of all BMP facilities. The operation and
maintenance (O&M) agreement shall be subject to the review and
approval of the municipality and the Municipal Solicitor.
C.
The owner is responsible for operation and maintenance of the stormwater
BMPs. If the owner fails to adhere to the operation and maintenance
(O&M) agreement, the municipality may perform the services required
and charge the owner appropriate fees. Nonpayment of fees may result
in a lien against the property.
