(A) The maintenance plan for stormwater management facilities located on the development site shall establish responsibilities for the continuing operation 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, storm 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 single ownership or if storm 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.
(B) The governing body, upon recommendation of the Municipal Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls and to determine the terms and conditions under which it will accept ownership and operating responsibility.
(Ord. 4-2011, passed 10-8-2011)