[Ord. 705, 4/28/2011]
1.
The Board of Supervisors shall, prior to the issuance of a stormwater
management permit and/or approval of a final subdivision/land development
plan and stormwater management plan, require financial security as
a performance guarantee for stormwater management control facilities
in a form to be approved by the Warminster Township Solicitor. If
required by the developer, in order to facilitate financing, the Board
of Supervisors may furnish the developer with a signed resolution
indicating approval of the subdivision/land development plan and stormwater
management plan contingent upon the developer obtaining a satisfactory
financial security. The record plan shall not be signed nor recorded
until a financial improvement agreement is executed. The resolution
or letter of contingent approval shall expire and be deemed to be
revoked if the financial security agreement is not executed within
90 days, unless a written extension is granted by the Board of Supervisors;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
2.
Where required, the developer shall file with the Board of Supervisors
financial security in an amount sufficient to cover the costs of the
stormwater management facilities. Without limitation as to other types
of financial security which the Township may approve, such approval
shall not be unreasonably withheld; federal or commonwealth chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts shall be deemed acceptance financial security.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
developer, provided said bonding company or lending institution is
authorized to conduct such business within the commonwealth. Such
bond or other security shall provide for, and secure to the public,
completion of the stormwater management facilities which may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
3.
The amount of financial security shall be equal to 110% of the cost
to install the required facilities estimated as of 90 days following
the date scheduled for completion.
4.
If a developer requires more than one year from the date of posting
of the financial security to complete the required facilities, the
amount of financial security may be increased by an additional 10%
for each one-year period beyond the first anniversary date from posting
of financial security or to an amount not exceeding 110% of the cost
of completing the required facilities as reestablished on or about
the expiration of the preceding one-year period by using the above
bidding procedure.
5.
The amount of financial security required shall be based upon an
estimate of the cost of the facilities submitted by the developer
and prepared by a professional engineer licensed as such in this commonwealth
and certified by such engineer to be a fair and reasonable estimate
of such cost. The Board of Supervisors, upon the recommendation of
the Township Engineer, may refuse to accept such estimate for good
cause shown. If the developer and the Board of Supervisors are unable
to agree upon an estimate, then the estimate shall be recalculated
and recertified by another professional engineer licensed as such
in this commonwealth and chosen mutually by the Board of Supervisors
and the developer. The estimate certified by the third engineer shall
be presumed fair and reasonable and shall be the final estimate. In
the event that a third engineer is so chosen, fees for the services
of said engineer shall be paid equally by Warminster Township and
the developer.
6.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of stormwater management
plan applications by sections or stages of development so as to required
or guarantee that stormwater management facilities in both current
and future stages of development will provide the protection of the
finally approved stage of the development.
7.
As the work of installing the required stormwater facilities proceeds,
the developer may request the Board of Supervisors to release or authorize
to release, from time to time, such portions of the financial security
necessary for payment to the contractor or contractors performing
the work. Any such requests shall be, in writing, addressed to the
Board of Supervisors which shall have 45 days from receipt of such
request within which to allow the Township Engineer to certify, in
writing, to the Board of Supervisors that such portion of the work
upon the facilities has been completed in accordance with the stormwater
management plan and permit. Upon such certification, the Board of
Supervisors shall authorize release by the bonding company or lending
institution of an amount as estimated by the Township Engineer fairly
representing the value of the facilities completed, or, if the Board
of Supervisors fails to act within a forty-five-day period, the Board
of Supervisors shall be deemed to have approved the release of funds
as requested. The Board of Supervisors may, prior to final release,
require retention of 10% of the estimated cost of the aforesaid facilities.
The final release of the financial security provisions shall be permitted
only after receipt by the Board of Supervisors of certification and
as-builts as required by this Part 5.
8.
In the event that any stormwater management facilities which may
be required have not been installed as provided in this Part 5 or
in accordance with the approved stormwater management plan, the Board
of Supervisors has the power to enforce any corporate bond or other
security by appropriate legal and equitable remedies. If proceeds
of such bond or other security are insufficient to pay the cost of
installing or making repairs or corrections to all the facilities
covered by said security, the Board of Supervisors may, at its option,
install part of such facilities in all or part of the development
and may institute appropriate legal or equitable action to recover
the monies necessary to complete the remainder of the facilities.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the stormwater management
facilities covered by such security and not for any other purpose.
[Ord. 705, 4/28/2011]
1.
The maintenance responsibilities for permanent stormwater runoff
control facilities shall be determined based upon the type of ownership
of the property which is controlled by the facilities.
A.
Single-entity ownership. Where the permanent stormwater runoff control
facilities are designed to manage runoff from property in a single-entity
ownership as defined below, the maintenance responsibility for the
stormwater control facilities shall be with the single-entity owner.
The stated responsibility of the entity related to owning and maintaining
the facilities shall be submitted with the stormwater management plan
for determination of their adequacy. Approval of the stormwater management
plan shall depend upon the approval of these terms. These terms shall
be in writing, shall be in recordable form and shall, in addition
to any other terms deemed necessary by the Board of Supervisors, contain
a provision permitting inspection at any reasonable time by the Township
Engineer of all such facilities deemed critical in the public welfare.
A "single entity" shall be defined as an association, public or private
corporation, partnership, firm, trust, estate or any other legal entity
empowered to own real estate, exclusive of an individual lot owner.
B.
Township ownership.
(1)
Where the Board of Supervisors has accepted an offer of dedication
of the permanent stormwater management facilities, the Board of Supervisors
shall be responsible for maintenance. Upon approval of the stormwater
management facilities by the Board of Supervisors, the developer shall
provide a financial security, in a form approved by the Warminster
Township Solicitor for maintenance guarantees, as follows:
(a)
Construction maintenance bond. The Board of Supervisors may require the posting of a maintenance bond to secure the structural integrity of said facilities as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required in § 26-561 with regard to installation of such facilities, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said facilities. A cash contribution can be used as the financial security in lieu of a maintenance bond, although the contribution must be equivalent to the amount that would be estimated for the maintenance bond.
(b)
Long-term maintenance bond. The long-term maintenance bond shall
be in an amount equal to the present worth of maintenance of the facilities
for a ten-year period. The estimated annual maintenance cost for the
facilities shall be based on a fee schedule provided by the Township
Engineer and adopted by the Board of Supervisors. The fee schedule
must be reasonable. A cash contribution can be used in lieu of the
long-term maintenance bond, although the contribution must be equivalent
to the amount that would be estimated for the maintenance bond.
(3)
For certain types of facilities, the Board of Supervisors may
benefit by transferring the maintenance responsibility to an individual
or group of individuals residing within the controlled area. These
individuals may have the permanent stormwater control facilities adjacent
to their lots or otherwise have an interest in the proper maintenance
of the facilities. In these instances, the Board of Supervisors and
the individual(s) may enter into a formal agreement for the maintenance
of the facilities whereby Warminster Township shall maintain ownership
of the facilities and be responsible for periodic inspections.
C.
Individual lot ownership. Where any stormwater management facility
is located on an individual lot, and maintenance thereof is the responsibility
of that landowner, a description of the facility or systems and the
terms of the required maintenance shall be incorporated as a part
of the deed to the property. The deed shall be recorded with the County
Recorder of Deeds within 90 days following the Board of Supervisors'
approval. In addition, the Board of Supervisors may require as a condition
of approval that a deed conveying any interest in such lot contain
language indicating that the conveyance is subject to an express covenant
by the grantee that the grantee will maintain the stormwater management
facility.
D.
Multientity ownership. In cases where property is in multiple ownership (i.e., many individual ownership of various portions of the property on which stormwater facilities are located) the developer(s) shall enter into an agreement with the Township to determine the maintenance of the permanent stormwater facilities. If maintenance is prescribed for each individual lot owner, the requirements of § 26-562, Subsection 1C, shall apply.
3.
Liability insurance. If, in the opinion of the Board of Supervisors
based upon a report of the Township Solicitor, the nature of the work
is such that it may create a hazard to human life or endanger adjoining
property or streets, the Board of Supervisors shall, before issuing
the stormwater management permit, require that the applicant file
a certificate of insurance showing that there exists insurance against
claims for damages for personal injury, bodily injury, and property
damage, including damage to Warminster Township by surface water flow
which has been altered on the site. The liability insurance shall
be to the amount prescribed by the Township in accordance with the
nature of risks involved and include the Township as an additional
insured. Such insurance shall be written by a company licensed to
do business in the commonwealth. Neither issuance of the stormwater
management permit nor compliance with the provisions hereto or any
conditions imposed by the Township shall relieve any person from any
responsibility for damage otherwise imposed by law, nor impose any
liability upon Warminster Township or its officers and employees for
damages to persons or property.
[Ord. 705, 4/28/2011]
1.
The owner of any land upon which stormwater facilities and BMPs will
be placed, constructed, or implemented, as described in the stormwater
facility and BMP O&M plan, shall record the following documents
in the Office of the Recorder of Deeds for Bucks County, within 45
days of approval of the stormwater facility and BMP O&M plan by
Warminster Township:
2.
Warminster Township may suspend or revoke any approvals granted for
the project site upon discovery of failure on the part of the owner
to comply with this section.
3.
The following items shall be included in the stormwater facility
and BMP O&M plan:
A.
Map(s) of the project area, in a form that meets the requirements
for recording at the offices of the Recorder of Deeds of Bucks County,
and shall be submitted on twenty-four-inch by thirty-six-inch sheets.
The contents of the maps(s) shall include, but not be limited to:
(1)
Clear identification of the location and nature of stormwater
facilities and BMPs;
(2)
The location of the project site relative to highways, municipal
boundaries or other identifiable landmarks;
(3)
Existing and final contours at intervals of two feet, or others
as appropriate;
(4)
Existing streams, lakes, ponds, or other bodies of water within
the project site area;
(5)
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses, and areas of natural
vegetation to be preserved;
(6)
The locations of all existing and proposed utilities, sanitary
sewers, and water lines on site and within 50 feet of property lines
of the project site;
(7)
Proposed final changes to the land surface and vegetative cover,
including the type and amount of impervious area that would be added;
(8)
Proposed final structures, roads, paved areas, and buildings;
and
(9)
A twenty-foot-wide access easement around all stormwater facilities
and BMPs that would provide ingress to and egress from a public right-of-way.
B.
A description of how each stormwater facility and BMP will be operated
and maintained, and the identity and contact information associated
with the person(s) responsible for O&M;
C.
The name of the project site, the name and address of the owner of
the property, and the name of the individual or firm preparing the
plan; and
D.
A statement, signed by the facility owner, acknowledging that the
stormwater facilities and BMPs are fixtures that can be altered or
removed only after approval by Warminster Township.
4.
The stormwater facility and BMP O&M plan for the project site
shall establish responsibilities for the continuing O&M of all
stormwater facilities and BMPs, as follows:
A.
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 Warminster Township, stormwater facilities and
BMPs may also be offered for dedication to and maintained by Warminster
Township.
B.
If a plan includes O&M by single ownership, or if sewers and
other public improvements are to be privately owned and maintained,
the O&M of stormwater facilities and BMPs shall be the responsibility
of the owner or private management entity.
5.
Warminster Township shall make the final determination on the continuing
O&M responsibilities. Warminster Township reserves the right to
accept or reject the O&M responsibility for any or all of the
stormwater facilities and BMPs.
6.
Facilities, areas, or structures used as BMPs shall be enumerated
as permanent real estate appurtenances and recorded as deed restrictions
or conservation easements that run with the land.
7.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land.
8.
Warminster Township may take enforcement actions against an owner
for any failure to satisfy the provisions of this Part 5G and this
Part 5.
[Ord. 705, 4/28/2011]
1.
Warminster Township shall review the stormwater facilities and BMP
O&M plan for consistency with the purposes and requirements of
this Part 5, and any permits issued by PADEP.
2.
Warminster Township shall notify the applicant, in writing, whether
the stormwater facility and BMP O&M plan is approved.
3.
Warminster Township shall require a record drawing of all stormwater
facilities and BMPs.
[Ord. 705, 4/28/2011]
1.
The owner shall sign an O&M agreement with Warminster Township
covering all stormwater facilities and BMPs that are to be privately
owned. The O&M agreement shall be transferred with transfer of
ownership. The agreement shall be prepared by the Municipal Solicitor.
2.
Other items may be included in the O&M agreement where determined
necessary to guarantee the satisfactory O&M of all stormwater
controls and BMPs. The O&M agreement shall be subject to the review
and approval of Warminster Township.
3.
The owner is responsible for the O&M of the SWM BMPs. If the
owner fails to adhere to the O&M agreement, Warminster Township
may perform the services required and charge the owner appropriate
fees. Nonpayment of fees may result in a lien against the property.
[Ord. 705, 4/28/2011]
1.
The owner must obtain all necessary real estate rights to install,
operate, and maintain all stormwater facilities and areas used for
stormwater control in the SWM site plan.
2.
The owner must provide the municipality easements, or other appropriate
real estate rights, to perform inspections and maintenance for the
preservation of stormwater runoff conveyance, infiltration, and detention
areas.
