[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.