(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 Borough, as estimated by the Borough Engineer, for a period of ten years. This is to be paid in a manner specified by the Borough. After that period of time, inspections will be performed at the expense of the Borough.
(2) If the stormwater control or BMP is to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for twenty-five years. The Borough 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 Borough 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 recreational facility (e.g., ball field or lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreational 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 or demolishing the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment or demolition will be used for inspection, maintenance, and operation of the receiving stormwater management system.
(d) If stormwater controls or BMPs are accepted by the Borough for dedication, the Borough 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) The amount shall cover the estimated costs for operations and maintenance for ten years, as determined by the Borough.
(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 recreational facility (e.g., ball field or lake), the Borough may adjust the amount due accordingly.
(f) The Borough may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover long-term maintenance of stormwater controls and BMPs.
(g) The Borough may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover stormwater related problems which may arise from the land development and earth disturbance.
(Ord. 1051. Passed 8-13-12.)