[Ord. 1141, 10/11/2012]
1.
For subdivisions and land developments, the applicant shall provide
a financial guarantee to the Borough of Shillington for the timely
installation and proper construction of all stormwater management
controls:
2.
For other regulated activities, the Borough of Shillington may require
a financial guarantee from the applicant.
3.
At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the applicant or his representatives
shall:
4.
After the Borough of Shillington receives the certification, a final
inspection shall be conducted by the Borough Engineer or designee
to certify compliance with this chapter.
[Ord. 1141, 10/11/2012]
It shall be unlawful to alter or remove any permanent stormwater
control and BMP required by an approved stormwater control and BMP
operations and maintenance plan or to allow the property to remain
in a condition which does not conform to an approved stormwater control
and BMP operations and maintenance plan.
[Ord. 1141, 10/11/2012]
1.
The property owner shall sign an operations and maintenance agreement
with the Borough of Shillington covering all stormwater controls and
BMPs that are to be privately owned. The agreement shall be substantially
the same as the agreement in Appendix A of this chapter.[1]
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
2.
Other items may be included in the agreement where determined necessary
to guarantee the satisfactory operation and maintenance of all permanent
stormwater controls and BMPs. The agreement shall be subject to the
review and approval of the Borough of Shillington.
[Ord. 1141, 10/11/2012]
1.
Stormwater management easements are required for all areas used for
off-site stormwater control, unless a waiver is granted by the Borough
Engineer.
2.
Stormwater management easements shall be provided by the property owner if necessary for: access for inspections and maintenance; or preservation of stormwater runoff conveyance, infiltration, and detention areas and other stormwater controls and BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under § 19-705.
[Ord. 1141, 10/11/2012]
1.
The owner of any land upon which permanent stormwater controls and
BMPs will be placed, constructed or implemented, as described in the
stormwater control and BMP operations and maintenance plan, shall
record the following documents in the office of the Recorder of Deeds
for Berks County, within 15 days of approval of the stormwater control
and BMP operations plan by the Shillington Borough Council:
2.
The Shillington Borough Council may suspend or revoke any approvals
granted for the project site upon discovery of the failure of the
owner to comply with this section.
[Ord. 1141, 10/11/2012]
1.
Persons installing stormwater controls or BMPs shall be required
to pay a specified amount to the Municipal Stormwater Control and
BMP Operation and 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 stormwater control or BMP is to be privately owned and maintained,
the deposit shall cover the cost of periodic inspections performed
by the Borough of Shillington for a period of 10 years, as estimated
by the Borough Engineer. After that period of time, inspections will
be performed at the expense of the Borough of Shillington.
B.
If the stormwater control or BMP is to be owned and maintained by
the Borough of Shillington, the deposit shall cover the estimated
costs for maintenance and inspections for 10 years. The Borough 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 Borough Engineer shall determine
the present worth equivalents, which shall be subject to the approval
of the Shillington Borough Council.
2.
If a stormwater control or BMP is proposed that also serves as a
recreation facility (e.g., ballfield, lake), the Shillington Borough
Council may reduce or waive the amount of the maintenance fund deposit
based upon the value of the land for public recreation purpose.
3.
If, at some future time, a stormwater control or BMP (whether publicly
or privately owned) is eliminated due to the installation of storm
sewers or other storage 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.
4.
If stormwater controls or BMPs are accepted by the Shillington Borough
Council for dedication, the Shillington Borough Council may require
persons installing stormwater controls or BMPs to pay a specified
amount to the Municipal Stormwater Control and BMP Operation and Maintenance
Fund, to help defray costs of operations and maintenance activities.
The amount may be determined as follows:
A.
If the stormwater control or BMP is to be owned and maintained by
the Borough of Shillington, the amount shall cover the estimated costs
for operations and maintenance for 10 years, as determined by the
Shillington Borough Council.
B.
The amount shall then be converted to present worth of the annual
series values.
5.
Long-Term Maintenance. The Shillington Borough Council shall require
applicants to pay a fee to the Municipal Stormwater Maintenance Fund
to cover long-term maintenance of stormwater control and best management
practices.
6.
Stormwater-Related Problems. The Shillington Borough Council may
require applicants to pay a fee to the Municipal Stormwater Maintenance
Fund to cover stormwater-related problems which may arise from the
land development and earth disturbance. The Borough Engineer will
establish the estimated cost of utilizing information submitted by
the applicant.