A. 
For subdivisions and land developments, the applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as:
(1) 
Required by the approved drainage plan equal to or greater than the full construction cost of the required controls; or
(2) 
In the amount and method or payment provided for in Chapter 450, Subdivision and Land Development.
B. 
For other regulated activities, the municipality 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 municipality receives the certification, a final inspection shall be conducted by the Municipal Engineer or designee to certify compliance with this chapter.
A. 
The drainage plan for the development site shall contain an operation and maintenance plan prepared by the applicant and approved by the Municipal Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facility(ies).
B. 
The drainage plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities consistent with the following principles:
(1) 
If a development consists of structures or lots which are to be separately owned and in which streets, sewers or other public improvements are to be dedicated to the municipality, stormwater control facilities may also be dedicated to and maintained by the municipality (the municipality is not obligated to accept ownership).
(2) 
If a development site is to be maintained in a single ownership or if streets, sewers or other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities may be the responsibility of the applicant or private management entity.
C. 
The governing body, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to approval of the drainage plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
A. 
Prior to approval of the site's drainage plan, the applicant shall sign and record the maintenance agreement contained in Appendix A[1] which is attached and made part hereof, covering all stormwater control facilities that are to be privately owned.
[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 maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Municipal Solicitor and governing body.
A. 
Persons installing stormwater storage facilities shall be required to pay a specified amount to the Municipal Stormwater 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 storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality for a period of 10 years, as estimated by the Municipal Engineer. After that period of time, inspections will be performed at the expense of the municipality.
(2) 
If the storage facility is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Municipal 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 Municipal Engineer shall determine the present worth equivalents, which shall be subject to the approval of the governing body.
B. 
If a storage facility is proposed that also serves as a recreation facility (e.g., ball field, lake), the municipality 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 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.
D. 
Long-term maintenance. The municipality may require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover long-term maintenance of stormwater control and best management practices.
E. 
Stormwater related problems. The municipality may require applicants to pay a fee to the Municipal Stormwater Maintenance Fund to cover stormwater related problems which may arise from the land development and earth disturbance.