A. Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Municipal stormwater control and BMP operation and 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 stormwater control or BMP 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. After that period of time, inspections will be performed at the expense of the municipality.
(2) If the stormwater control or BMP 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.
(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 a stormwater control or BMP is proposed that also serves as a recreation facility (e.g., ballfield, 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.
C. If at some future time a stormwater control or BMP (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.
D. If stormwater controls or BMPs are accepted by the municipality for dedication, the municipality may require persons installing stormwater controls or BMPs to pay a specified amount to the municipal stormwater control and BMP operation and maintenance fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:
(1) If the stormwater control or BMP is to be owned and maintained by the municipality, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the municipality.
(2) The amount shall then be converted to present worth of the annual series values.
E. If a stormwater control or BMP is proposed that also serves as a recreation facility (e.g., ballfield, lake), the municipality may adjust the amount due accordingly.
F. 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.
G. 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. The municipality and/or any adversely impacted property owners may institute the appropriate legal, equitable or otherwise action to prevent, restrain, correct or abate problems and seek restitution and/ or damages resulting from stormwater problems emanating from the land development or earth disturbance activities.