A. 
For subdivisions and land developments, the applicant shall provide a financial guarantee to the Borough for the timely installation and proper construction of all stormwater management controls as required by the approved drainage plan equal to or greater than the full construction cost of the required controls or in the amount and method of payment provided for in the SALDO.
B. 
For other regulated activities, the Borough may require a financial guarantee from the applicant.
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.
D. 
After the Borough receives the certification, a final inspection shall be conducted by the Borough or designee to certify compliance with this Part 1.
A. 
The property owner shall sign an operations and maintenance agreement with the Borough covering all stormwater controls and BMPs that are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix A of this Part 1.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater controls and BMPs. The agreement shall be subject to the review and approval of the Borough.
A. 
Stormwater management easements are required for all areas used for off-site stormwater control, unless a waiver is granted by the Borough.
B. 
Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance, or preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 390-31.
A. 
The owner of any land upon which permanent stormwater controls and BMPs will be placed, constructed or implemented, as described in the stormwater control and BMP operations and maintenance plan, shall record the following documents in the office of the Recorder of Deeds for Berks County, within 15 days of approval of the stormwater control and BMP operations and maintenance plan by the Borough:
(1) 
The operations and maintenance plan, or a summary thereof;
(2) 
Operations and maintenance agreements under § 390-31; and
(3) 
Easements under § 390-32.
B. 
The Borough may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
A. 
Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Borough Stormwater Control and BMP Operation and 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 stormwater control or BMP is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Borough for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections will be performed at the expense of the Borough.
(2) 
If the stormwater control or BMP is to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.
(3) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents, which shall be subject to the approval of the Borough Council.
B. 
If a stormwater control or BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purpose.
C. 
If at some future time a stormwater control or BMP (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. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor.
D. 
If stormwater controls or BMPs are accepted by the Borough for dedication, the Borough may require persons installing stormwater controls or BMPs to pay a specified amount to the Borough Stormwater Control and BMP Operation and Maintenance Fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(1) 
If the stormwater control or BMP is to be owned and maintained by the Borough, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Borough.
(2) 
The amount shall then be converted to present worth of the annual series values.
E. 
Long-term maintenance. The Borough shall require applicants to pay a fee to the Borough stormwater maintenance fund to cover long-term maintenance of stormwater control and best management practices.
F. 
Stormwater-related problems. The Borough may require applicants to pay a fee to the Borough stormwater maintenance fund to cover stormwater-related problems which may arise from the land development and earth disturbance. The Borough Engineer will establish the estimated cost utilizing information submitted by the applicant.