The applicant shall provide a financial guarantee to the Municipality for the timely installation and proper construction of all stormwater management controls as required by the approved drainage plan and this chapter equal to 110% of the construction cost of the required stormwater controls estimated as of 90 days following the date scheduled for completion by the developer. The improvement guarantee shall follow the procedures and requirements specified for financial guarantees in Chapter 315, Subdivision and Land Development, and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, P.L. 805, 53 P.S. § 10101.
A.
The Municipal Engineer shall inspect all phases of
the installation of the permanent stormwater management facilities
as deemed appropriate by the Municipal Engineer.
B.
During any stage of the work, if the Municipal Engineer
determines that the permanent stormwater management facilities are
not being installed in accordance with the approved drainage plan,
the Municipality shall revoke any existing approvals and/or permits
and issue a cease and desist stop work order until the problem is
corrected by the applicant or until a revised drainage plan is submitted
and approved, as specified in this chapter.
C.
At the completion of the project, and as a prerequisite
for the release of the improvement guarantee, the owner or his representatives
shall:
D.
After receipt of the certification by the Borough,
a final inspection shall be conducted by the Municipal Engineer or
designated representative to certify compliance with this chapter.
A.
The drainage plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by the Municipal Engineer. The operation and maintenance plan shall
outline required routine maintenance actions and schedules necessary
to insure proper operation of the facility(ies).
B.
The drainage plan for the development site shall establish
responsibilities for the continued operation and maintenance of all
proposed stormwater control facilities, consistent with the following
principles:
(1)
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 may also be offered for dedication to the Borough
(the Borough is not obligated to accept ownership).
(2)
If a development site is to be maintained in a 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 shall be the responsibility of the owner or private
management entity.
C.
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 drainage plan. The
governing body reserves the right to accept or reject the ownership
and operating responsibility for any or all of the stormwater management
controls.
A.
Prior to final approval of the site's drainage plan,
the property owner shall sign and record a maintenance agreement,
an example of which is contained in Appendix O,[1] covering all stormwater control facilities that are to
be privately owned.
[1]
Editor's Note: Appendix O is on file in the
Borough offices.
B.
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 governing body.
A.
Persons installing stormwater storage facilities shall
be required to pay a specified amount to the Municipal Stormwater
Maintenance Fund to help defray costs of periodic inspections and
maintenance expenses. The amount of the deposit shall be determined
in accordance with this section.
B.
If the storage facility is to be privately owned and
maintained, the deposit shall cover the cost of periodic inspections
performed by the Borough 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.
C.
If the storage facility is to be owned and maintained
by the Borough, 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.
D.
If a storage facility is proposed that also serves
as a recreation facility (e.g., ballfield, lake), the Borough may
reduce or waive the amount of the maintenance fund deposit based upon
the value of the land for public recreation purpose.
E.
If at some future time a storage facility (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.
