(A) Maintenance responsibilities.
(1) 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 ensure proper operation of the facility(ies).
(2) The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities, consistent with the following principals.
(a) 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 borough, stormwater control facilities should also be dedicated to and maintained by the borough.
(b) If a development site is to be maintained in 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.
(3) The Borough Council, 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 Council reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
(B) Maintenance agreement for privately owned stormwater facilities.
(1) Prior to final approval of the site’s stormwater management plan the property owner shall sign and record a maintenance agreement covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:
(a) The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner;
(b) 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;
(c) 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 ten days of the change; and
(d) 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.
(2) 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 Borough Solicitor and Borough Council.
(Ord. 980, passed 3-16-1993; Ord. 991, passed 2-21-1995)