[Ord. 2011-09, 9/7/2011, § 601]
1.
The Township shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the SWM site
plan. The Township may require a dedication of such facilities as
part of the requirements for approval of the SWM site plan. Such a
requirement is not an indication that the Township will accept the
facilities. The Township reserves the right to accept or reject the
ownership and operating responsibility for any portion of the stormwater
management controls.
2.
Facilities, areas, or structures used as stormwater management BMPs
shall be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or conservation easements that run with the land.
Stormwater BMPs that are installed to control runoff from a single
residential lot or use shall have a conservation easement executed
by the property owner and the easement shall be filed with the Township.
3.
The O&M plan shall be recorded as a restrictive deed covenant
that runs with the land. O&M plans for regulated activities on
a single residential lot or use shall be developed by the applicant
and submitted to the Township for approval and filing.
4.
No person shall modify, remove, fill, landscape, or alter any SWM
BMPs, facilities, areas, or structures without the written approval
of the Township, with the exception of necessary maintenance activities
such as mowing.
5.
The Township may take enforcement actions against an owner for any
failure to satisfy the provisions of this Part.
[Ord. 2011-09, 9/7/2011, § 602]
1.
Prior to final approval of the SWM site plan, the property owner
shall sign and record an Operation and Maintenance (O&M) Agreement
(see Appendix 25-A) covering all stormwater control facilities which
are to be privately owned.[1]
A.
The owner, successor and assigns shall maintain all facilities in
accordance with the approved maintenance schedule in the O&M plan.
B.
The owner shall convey to the Township easements to assure access
for periodic inspections by the Township and maintenance, as necessary.
C.
The owner shall keep on file with the Township the name, address,
and telephone number of the person or company responsible for maintenance
activities; in the event of a change, new information shall be submitted
by the owner to the Township within 10 working days of the change.
[1]
Editor's Note: Appendix 25-A is included as an attachment to this chapter.
2.
The owner is responsible for operation and maintenance (O&M)
of the SWM BMPs. If the owner fails to adhere to the O&M Agreement,
the Township may perform the services required and charge the owner
appropriate fees. Nonpayment of fees may result in a lien against
the property.
3.
The Township is exempt from the requirement to sign and record an
Operation and Maintenance Agreement.
[Ord. 2011-09, 9/7/2011, § 603]
For SWM site plans that involve subdivision and land development,
the applicant shall provide a financial guarantee to the Township
for the timely installation and proper construction of all stormwater
management controls as required by the approved SWM site plan and
this Chapter in accordance with the provisions of §§ 509,
510, and 511 of the Pennsylvania Municipalities Planning Code.
[Ord. 2011-09, 9/7/2011, § 604]
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 as follows:
A.
If the storage facility is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the Township for a period of 10 years, as estimated by the Township
Engineer. After that period of time, inspections expenses will be
assessed by the Township on an as needed basis thereafter.
B.
If the storage 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.
C.
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 Board of Supervisors.
