Stormwater management controls and facilities as defined here include all structural and nonstructural stormwater conveyance and management controls including water quantity and quality, best management practices.
The developer shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as required by the approved stormwater management plan and this chapter equal to 110% of the construction cost of the required controls.
A. 
The stormwater management plan for the development shall contain an operation and maintenance plan. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation and function of the facility(ies).
B. 
The responsible party or entity responsible for the maintenance must also be identified. The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities and permanent erosion control facilities, consistent with the following principles.
(1) 
Facilities may be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restriction, with specific notation made on the approved subdivision plan for such ownership and maintenance responsibility. A description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.
(2) 
Ownership and maintenance may be the responsibility of a property owners' association. The stated responsibilities of the association in terms of owning and maintaining the stormwater management facilities shall be submitted with final plans for determination of their adequacy and, upon their approval, shall be recorded with the approved subdivision plan. In addition, the approved subdivision plan and any deed written from said plan for a lot or lots shown therein shall contain a condition that it shall be mandatory for the owner of said lot to be members of said property owners' association. For stormwater management facilities that are proposed as part of a site development plan, a note shall be added to the plan stating that the developer is responsible for maintenance of the facilities and that access for inspection by the municipality of all such facilities shall be provided.
(3) 
In the event that the developer conclusively shows that none of the above ownership/maintenance arrangements are achievable, the facilities may be dedicated to the municipality. If stormwater facilities are accepted by the municipality for dedication, persons installing stormwater facilities shall be required to pay a specified amount to the municipality to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:
(a) 
If the stormwater 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 developer.
(b) 
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 municipal governing body.
(c) 
If a stormwater 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.
(d) 
If at some future time a dedicated stormwater facility is eliminated due to the installation of storm sewers or other facilities, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connection 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.
C. 
Stormwater facilities should be inspected by the landowner/developer or responsible entity (including the Municipal Engineer for dedicated facilities) on the following basis:
(1) 
Annually.
(2) 
During or immediately after every ten-year or greater storm event.
D. 
The entity conducting the inspection may be required to submit a report to the municipality regarding the condition of the facility and recommending necessary repairs, if needed.
E. 
Maintenance inspections may be performed by the municipality to ensure proper functioning of all stormwater facilities. These inspections may, at a minimum, be performed annually and/or following major storm events.