Stormwater management controls and facilities as defined here include all structural and nonstructural stormwater conveyance and management controls including water quantity and quality best management practices.
The applicant should provide a financial guarantee to the Township for the timely installation and proper construction of all stormwater management controls as required by the approved stormwater plan and this chapter equal to the full construction cost of the required controls.
A. 
The drainage plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Township Engineer. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to ensure proper operation and function of the facility (facilities).
B. 
The responsible party or entity responsible for the maintenance must also be identified. The drainage plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities and temporary permanent erosion control facilities, consistent with the following principals:
(1) 
If a development consists of structures or lots that are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Township, stormwater control facilities may also be dedicated to and maintained by the Township.
(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.
(a) 
Facilities may be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restriction. A description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.
(b) 
Ownership and maintenance may be the responsibility of a property owners' association. The stated responsibilities of the property owners' association in terms of owning and maintaining the stormwater management facilities shall be submitted with final plans for determination of their adequacy, and upon their approval shall be recorded with the approved subdivision plan among the deed records of Centre County, Pennsylvania. In addition, the approved subdivision plan and any deed written from said plan for a lot or lots shown herein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said property owners' association.
(c) 
For stormwater management facilities that are proposed as part of the site development plan, the developer will be required to execute a developer agreement and a maintenance agreement with the Township for the construction and continued maintenance of the facilities prior to the signature approval on the final plan. Access for inspection by the Township of all such facilities deemed critical to the public welfare at any reasonable time shall be provided.
C. 
The Township, upon recommendation of the Township Engineer, shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The governing body reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
A. 
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 that are to be privately owned.
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 Township solicitor and Township.
A. 
If stormwater facilities are accepted by the Township for dedication, persons installing stormwater facilities shall be required to pay a specified amount to the Township Stormwater 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 facility is to be owned and maintained by the Township, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Township Engineer will establish the estimated costs utilizing information submitted by the applicant.
(2) 
The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Township Engineer shall determine the present worth equivalents, which shall be subject to the approval of the Township.
B. 
If a stormwater facility is proposed that also serves as a recreation facility (e.g., ballfield, lake), the Township 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 facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other facilities, 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.
A. 
Stormwater facilities should be inspected by the land owner/developer or responsible entity (including the Township Engineer for dedicated facilities) on the following basis:
(1) 
Annually.
(2) 
During or immediately after every ten-year or greater storm event.
B. 
The entity conducting the inspection should be required to submit a report to the Township regarding the condition of the facility and recommending necessary repairs, if needed.
C. 
Maintenance inspections may be performed by the Township to ensure proper functioning of all stormwater facilities. These inspections may, at a minimum, be performed annually and/or following major storm events.
D. 
If the Township determines at any time that any permanent stormwater facility has been eliminated, altered or improperly maintained, the owner of the property shall be advised of corrective measures required and given three days to initiate appropriate action in accordance with a time schedule dictated by the Township. If such action is not taken by the property owner, the Township may cause the work to be done and backcharge all costs to the property owners.