A.
The SWM site plan and report for the project site shall describe
the future operation and maintenance responsibilities. The operation
and maintenance description shall outline required routine maintenance
actions and schedules necessary to ensure proper operation of the
stormwater control facilities.
B.
The SWM site plan and report for the project site shall establish
responsibilities for the continuing 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, storm sewers and other public improvements
are to be dedicated to the Township, stormwater control facilities
may be dedicated to and maintained by the Township, subject to approval
of the Board of Supervisors.
(2)
If a development site is to be maintained in single ownership or
if storm 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.
(3)
Millcreek Township will not agree to provide maintenance services
for stormwater management controls except as set forth in this article.
(4)
Millcreek Township prefers that stormwater detention facilities be
owned and maintained by the developer or its assigns, including but
not limited to property owners' associations established for
the purpose of maintaining common facilities.
(5)
Facilities, areas or structures used as stormwater BMPs shall be
enumerated as permanent real estate appurtenances and recorded as
deed restrictions or easements that run with the land.
(6)
If an applicant proposes that the Township accept ownership or maintenance
responsibility of any stormwater management facilities, applicant's
preliminary plan application or, if none, single final development
plan application shall identify all facilities proposed to be dedicated
to or maintained by the Township. The Township shall determine whether
it agrees to assume any such responsibilities prior to commencement
of review of the SWM site plan and report.
(7)
The SWM site plan and report as approved by the Township shall be
recorded as a restrictive deed covenant that runs with the land.
C.
The Board of Supervisors, 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 Board
of Supervisors 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 stormwater management plan (including a SWM site plan under § 116-28 and/or a Simplified Method or small projects application under § 116-27A, the applicant and Township shall execute a stormwater management ("SWM") maintenance agreement covering all stormwater control facilities which are to be privately owned. The SWM Maintenance Agreement shall be recorded with the final subdivision/land development plan for the site and as a part of the developer's SWM site plan. The agreement shall stipulate that:
(1)
All facilities, including but not limited to stormwater BMPs, shall
be maintained in accordance with the approved maintenance schedule
and in a safe and attractive manner.
(2)
Easements and or rights-of-way shall be conveyed to the Township
to assure access for periodic inspections by the Township and maintenance
if required.
(3)
The name, address and telephone number of the person or company responsible
for maintenance activities shall be filed with the Township. In the
event of a change, new information will be submitted to the Township
within 10 days of the change.
(4)
If the facility owner fails to maintain the stormwater control facilities,
the Township may perform the necessary maintenance work or corrective
work following due notice by the Township to the facility owner to
correct the problem(s). The facility owner shall reimburse the Township
for all costs.
(a)
All sums invoiced by Millcreek Township as reimbursement for
its costs in providing maintenance not provided by the owner shall
constitute a "municipal claim" as defined in the general municipal
law, 53 P.S. § 7101 et seq., and shall be enforceable and
collectible as such.
(b)
Interest shall accrue on all sums so invoiced and not paid within
30 days after the invoice date at the rate of 10% per year from the
invoice date.
(5)
The Township shall be entitled to enforce such agreement by an action
at law or in equity, including an action for specific performance,
in which event the owner shall, in addition to other relief warranted,
be compelled to pay to Millcreek Township all attorney's fees,
costs and expenses thereby incurred by the Township.
B.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory maintenance of all facilities.
A.
Any agreement of Millcreek Township to provide inspection and/or
maintenance services under this article shall not serve to impose
upon the Township, its officials, departments or employees any liability
arising out of the calculations, design or construction of said facility.
B.
The provisions of this article shall be an express condition upon
approval of any subdivision, land development or other development
plan subject to the provisions of this chapter.
C.
Millcreek Township shall not be obligated to perform any inspection,
maintenance or other services to or upon privately owned facilities
absent the owner's prior execution of an agreement acceptable
to the Township and the owner's prepayment to the Township of
all fees due for performance of the specified services for the next
following year subject to the agreement. An owner's failure to
prepay such fees prior to commencement of the next year of performance
shall immediately terminate such agreement and all obligations of
Millcreek Township thereunder.
D.
Recording of approved SWM site plan and related agreements. The owner
of any land upon which permanent stormwater BMPs will be placed, constructed
or implemented, as described in the SWM site plan, shall record the
following documents in the office of the Erie County Recorder of Deeds
within 90 days after approval of the SWM site plan by the Township:
