A.
The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Borough of Derry and/or the WCD. The operation and maintenance plan shall outline the responsible party(ies) and required routine maintenance actions and schedules necessary to insure proper operation of the stormwater control facility(s).
B.
The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance (O&M) of all stormwater facilities and BMPs, consistent with the following:
(1)
If a development consists of structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Borough, stormwater facilities and BMPs should also be dedicated to and maintained by the Borough, except for those individual on-lot facilities and BMPs for privately owned structures.
(2)
If a development site is to be held in single ownership or if sewers and other public improvements are to be privately owned, operated and maintained, then the operation and maintenance of stormwater facilities and BMPs should be the responsibility of the owner or private management entity.
(3)
Person(s) responsible for operation and maintenance of stormwater facilities and BMPs shall be named with contact information provided.
C.
The Borough of Derry 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 of Derry Council reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management facilities and BMPs. Under no circumstances is the Borough of Derry obligated to accept the stormwater management facilities and BMPs.
D.
If the development site involves land located in more than one municipality, then the plan shall be reviewed by the Borough and WCD to determine if all activities both within and without the Borough meet the requirements of this chapter. The Borough may only approve stormwater management plans, facilities and BMPs and development activities located within the Borough, unless the Borough and the other municipality(ies) enter into an intergovernmental cooperation agreement authorizing the Borough to approve the same in the other municipality(ies).
E.
Stormwater facilities and BMPs shall be inspected by the owner/responsible party named in the O&M plan on a regular basis as determined by the Borough or as approved in the O&M plan. Inspections may include photographs, written reports, measured drawings as necessary to document conditions of the facility(s) and the report shall be provided to the Borough as requested.