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 of payment provided for in the Subdivision
and Land Development Ordinance.[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.
After the municipality receives the certification,
a final inspection shall be conducted by the Municipal Engineer or
designee to certify compliance with this chapter.
The drainage plan for the development site shall contain
an operation and maintenance plan prepared by the applicant and approved
by the municipality. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to insure
proper operation of the facility(ies).
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:
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
prior to final approval of plans by a development agreement between
developer and the municipality.
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 shall be the responsibility of the
property owner.
The municipality, upon recommendation of the Municipal
Engineer, shall make the final determination on the continuing maintenance
responsibilities prior to approval of the drainage plan. The municipality
reserves the right to accept the ownership and operating responsibility
for any or all of the stormwater management controls. Each detention
basin shall be maintained in accordance with the Stormwater Management Conveyance
Facilities and BMP Inspection Checklist found in attached Appendix
I.[1]
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.
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 municipality.
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:
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.
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.
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.
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.
If a 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.
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.
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.