[Ord. 252, 5/24/2004, § 701]
The applicant should provide a financial guarantee to the Borough 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.
[Ord. 252, 5/24/2004, § 702]
1. 
The stormwater management site plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Borough. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facility(ies).
2. 
The stormwater management site plan for the development site shall establish responsibilities for the continuing operating and maintenance of all proposed stormwater control facilities, consistent with the following principles:
A. 
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 Borough, stormwater control facilities may also be dedicated to and maintained by the Borough.
B. 
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.
3. 
The Borough Council, upon recommendation of the Borough engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The Borough Council reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
[Ord. 252, 5/24/2004, § 703]
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 that are to be privately owned. Said agreement, designated as Appendix C, is attached and made part hereto.
2. 
Other items may 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 and Borough Council.
[Ord. 252, 5/24/2004, § 704]
1. 
If stormwater facilities are accepted by the Borough for dedication, persons installing stormwater storage facilities shall be required to pay a specified amount to the Borough Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
A. 
If the storage facility 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.
B. 
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.
2. 
If a storage facility is proposed that also serves as a recreation facility (e.g. ballfield, 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.
3. 
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. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor.
[Ord. 252, 5/24/2004, § 705]
1. 
Stormwater management facilities should be inspected by the land owner/developer or responsible entity (including the Borough for dedicated facilities) on the following basis:
A. 
As outlined by the maintenance plan submitted for the facility(ies) in the stormwater management site plan.
B. 
Annually for the first five years.
C. 
Once every three years thereafter.
D. 
During or immediately after the cessation of a one-hundred-year or greater storm event.
2. 
The entity conducting the inspection should be required to submit a report to the Borough regarding the condition of the facility and recommending necessary repairs, if needed.