[Ord. 621, 2/22/1993, § 701]
1. The stormwater management plan for the development site shall establish
responsibilities for the continuing operation and maintenance of all
proposed stormwater control facilities. The proposed maintenance plan
should be consistent with the general maintenance policies stated
in the Borough stormwater management plan.
2. The Borough Council shall make the final determination on the continuing
maintenance responsibilities as part of the final application review
based on the recommendation of the Planning Commission. The Council
reserves the right to accept or reject the ownership and operating
responsibility of any or all of the stormwater management controls.
[Ord. 621, 2/22/1993, § 602]
1. Prior to final approval of the site's stormwater management
plan, the property owner shall sign and record a maintenance agreement
covering all stormwater control facilities which are to be privately
owned. The agreement shall stipulate that:
A. The owner shall maintain all facilities in accordance with the approved
maintenance schedule and shall keep all facilities maintained in a
safe and attractive manner.
B. The owner shall convey to the Borough easements and/or rights-of-way
to assure access for periodic inspections by the Borough and maintenance
if required.
C. The owner shall keep on file with the Borough the name, address and
telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information will be submitted
to the Borough within 10 days of the change.
D. The owner shall establish any special maintenance funds or other
financing sources, in accordance with the approved maintenance plan.
E. If the owner fails to maintain the stormwater control facilities,
following due notice by the Borough to correct the problems, the Borough
shall perform the necessary maintenance or corrective work. The owner
shall reimburse the Borough for all costs or a lien shall be placed
on the property.
2. The Borough may require other items to 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 Borough Solicitor.