A.
For subdivisions, planned residential developments 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 required by the Subdivision and Land Development
Ordinance,[1] Planned Residential Development Ordinance[2] and/or as determined by the municipality, in a manner
acceptable to the municipality.
B.
For other regulated activities, the municipality may require a financial
guarantee from the applicant, in a manner acceptable to the municipality.
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 for projects equal to or less than
two acres in lot size.
(3)
Provide an as-built survey for projects greater than two acres in
lot size.
D.
After the municipality receives the certification of completion in
addition to either the record drawings or the as-built survey, a final
inspection shall be conducted by the municipality's engineer, or designee,
to certify compliance with this Part 1.
A.
The drainage plan for the development site shall contain an operation
and maintenance plan prepared by and agreed to by the applicant and
approved by the municipality. The operation and maintenance plan shall
outline required routine maintenance actions and schedules necessary
to ensure 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; however,
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 municipality, upon recommendation of the municipality's 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.
A.
Prior to or upon approval of a site's drainage plan, the applicant
shall sign and record a stormwater maintenance agreement that is approved
by the municipality and in a form similar to Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities, including,
but not limited to, the right of access by the municipality and provisions
that ensure compliance with this Part 1. The maintenance agreement
shall be subject to the review and approval of the municipality's
solicitor and the municipality.
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
municipality's engineer.
(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, as estimated by the municipality's engineer.
(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 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.
C.
Long-term maintenance. The municipality shall require applicants
to pay a fee to the Municipal Stormwater Maintenance Fund to cover
long-term maintenance of stormwater control and best management practices,
in an amount to be determined by the Board of Supervisors.
D.
Stormwater-related problems. The municipality shall 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, in an amount to be determined by the Board
of Supervisors.
