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 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 stormwater management plan for the development site shall establish
responsibilities for the continuing operating and maintenance of all
proposed stormwater control facilities, consistent with the following
principals:
(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 municipality, stormwater control facilities
should also be dedicated to and maintained by the municipality.
(2)
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 should be the responsibility of the owner or private management
entity.
C.
The Borough, 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
reserves the right to accept the ownership and operating responsibility
for any or all of the stormwater management controls.
A.
Prior to final approval of the site's stormwater management
plan, the Borough may require the property owner to sign and record
a maintenance agreement covering all stormwater control facilities
which are to be privately owned. The agreement shall stipulate, as
determined by the Borough, that:
(1)
The owner shall maintain all facilities in accordance with the approved
maintenance schedule and shall keep all facilities in a safe and attractive
manner.
(2)
The owner shall convey to the Borough easements and/or rights-of-way
to assure access for periodic inspections by the Borough and maintenance,
if required.
(3)
The owner shall keep on file with the Borough the name, address and
telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information will be submitted
to the Borough within 10 days of the change.
(4)
If the owner fails to maintain the stormwater control facilities
following due notice by the Borough to correct the problem(s), the
Borough may perform the necessary maintenance work or corrective work,
and the owner shall reimburse the Borough for all costs.
B.
Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities, including a maintenance guaranty similar to that which is provided in § 184-56. The maintenance agreement shall be subject to the review and approval by the Borough's Solicitor and the Borough.
