No regulated earth disturbance activities within the borough shall commence until approval by the borough of the BMP operations and maintenance plan which describes how the permanent (e.g., post construction) stormwater BMPs will be properly operated and maintained.
(Ord. 226-2007, passed 5-7-2007) Penalty, see § 153.999
§ 153.106 RESPONSIBILITIES FOR OPERATIONS AND MAINTENANCE OF BMPs.
(A) The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows.
(1) If a plan includes 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 BMPs may also be dedicated to and maintained by the borough.
(2) If a plan includes operations and maintenance by a single owner or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
(B) The borough shall make the final determination on the continuing operations and maintenance responsibilities. The borough reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.
(Ord. 226-2007, passed 5-7-2007)