The Township of Rostraver may require the submittal
of a letter of credit or cash bond prior to issuance of a permit in
order to insure that the stormwater practices are installed by the
permit holder as required by the approved stormwater management plan.
The amount of the installation performance security shall be the total
estimated construction cost of the stormwater management practices
approved under the permit, plus 10%. The performance security shall
contain forfeiture provisions for failure to complete work specified
in the stormwater management plan. The installation performance security
shall be released in full only upon submission of as-built plans and
written certification by a registered professional engineer that the
stormwater practice has been installed in accordance with the approved
plan and other applicable provisions of this chapter. The Township
of Rostraver will make a final inspection of the stormwater practice
to ensure that it is in compliance with the approved plan and the
provisions of this chapter. Provisions for a partial pro rata release
of the performance security based on the completion of various development
stages can be done by the Township of Rostraver.
A.
The project plan required under § 164-23 shall contain an operation and maintenance plan prepared by the applicant and approved by the Municipal Engineer. The operation and maintenance plan shall describe required routine maintenance actions and schedules necessary to ensure proper operation of the BMPs.
B.
The project plan for the development site shall establish
responsibilities for the continuing operation and maintenance of all
proposed residential stormwater BMPs, consistent with the following
principals:
(1)
If a development project 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 municipality,
stormwater BMPs may also be dedicated to and maintained by the municipality.
(2)
If a development project 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 BMPs 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 project plan. The
governing body reserves the right to accept or reject the ownership
and operating responsibility for any or all of the stormwater BMPs.
A.
Prior to final approval of the project plan, the property
owner shall sign a maintenance agreement covering all stormwater BMPs
that are to be privately owned. The agreement shall be recorded as
an encumbrance on the property in the County Recorder’s office
within 30 days of execution of the agreement.
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 Municipal Solicitor and governing body.
A.
Stormwater management easements shall be provided
by the property owner if necessary for:
(1)
Access for facility inspections and maintenance; or
(2)
Preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
one-hundred-year storm event. The purpose of the easement shall be
specified in the maintenance agreement signed by the property owner.
B.
Stormwater management easements are required for all
areas used for off-site stormwater control, unless a waiver is granted
by the Municipal Engineer.
C.
Easements shall be recorded with the County Register
of Deeds prior to issuance of a building permit or land development
approval by the municipality.
D.
All stormwater easements shall be a minimum of 20
feet in width.
A.
If stormwater BMPs are accepted by the municipality for dedication,
persons installing stormwater storage BMPs 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 as follows: For all
stormwater detention/retention facilities that are to be turned over
to Rostraver Township for ownership and maintenance, a one-time cash
bond shall be deposited with the Township in the amount based on the
cubic feet of storage with a minimum bond amount of $5,000 for zero
to 8,000 cubic feet and $0.20 for each additional cubic foot of storage
required thereafter. This money will be deposited in a separate account
to be used for perpetual maintenance of the pond.
[Amended 4-6-2016 by Ord.
No. 674]
B.
If a BMP is proposed that also serves as a recreation
facility (e.g., ball field, 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 BMP (whether publicly or
privately owned) is eliminated due to the installation of storm sewers
or another BMP, 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.
BMPs shall be inspected by the landowner/developer
or responsible entity (including the Municipal Engineer for dedicated
BMPs) on the following basis:
B.
The entity conducting the inspection should be required
to submit a report to the municipality regarding the condition of
the BMPs and recommending necessary repairs, if needed.
A.
Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by Rostraver Township and recorded into the land record prior to final plan approval. As part of the covenant, a schedule shall be developed as per § 164-48 to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
B.
All residential stormwater control facilities that will capture and detain/retain and process stormwater from public streets and lands must be dedicated to Rostraver Township. These facilities shall be constructed in accordance with this chapter. The developer shall provide a perpetual access by easement or otherwise to such facilities at least 20 feet in width for its entire length. The developer shall fence such facilities in accordance with this chapter. The developer shall provide a maintenance escrow fund as detailed in § 164-45 of this chapter.
C.
The developer shall provide the Township with a separate
deed dedicating said stormwater facilities property to the Township.
[Added 12-2-2020 by Ord. No. 733]
A.
The
developer shall be responsible for providing record drawings of all
stormwater management facilities and BMPs as built and included in
the approved stormwater management plan. The record drawings and an
explanation of any discrepancies with the construction plans shall
be submitted to the Municipality and/or WCD.
B.
The
record drawing submission shall include a certification of completion
signed by a qualified professional verifying that all permanent stormwater
management facilities and BMPs have been constructed according to
the approved plans and specifications. The latitude and longitude
coordinates for all permanent stormwater management facilities and
BMPs must also be submitted, at the central location of the BMPs.
If any licensed qualified professionals contributed to the construction
plans, then a licensed qualified professional must sign the completion
certificate.
C.
After
receipt of the completion certification by the municipality, the municipality
and/or WCD may conduct a final inspection.
